y 


EMBER  OF  THE  STAMP- ACT  CONGRESS 
FROM  THIS  COLONY. 
JUDGE  OFTHE  SUPREME  COURT. 
3IELEGATET0THE  FIRST  CONGRESS  IN  1774. 
SPEAKER  OF  THE  HOUSE  OFASSEMBLY, 
RE-ELECTED  TO  THE  CONGRESS  OF  1776, 
'WHEREIN  GIVINGTHE  CASTING  VOTE  OF 
~       HIS  DELEGATION,  HE  CROWNED 
PENNSYLVANIA, 

THE  KEYSTONE  OFTHE  ARCH  OF  LIBERTY, 

AND  SECURED 

TO  THE  AMERICAN  PEOPLE 

JHE  DECLARATION  OF  INDEPENDENCE. 

HIMSELF  A  SIGNER. 


BORN 
A.D.  1724. 


DIED 
A.D.  1777. 


'■.ELI  THosnoruY  -                     vllnot  roBSivEME  ronMr  vore  for  wc- 

INOEPEUDCNCi:,  THATTHtY  MH..  Ln/L  JO  SEE  THE  hOUn  WHEN  THEY  SHALL  W^A 

ACKUOtVLEBSEIT  TOH*\/EBEEN  THEMOiT  SLOHIOOS  SERVICETHAT  I  EVER  (:/*, 

REUDEtneoTo  UrcouNTffr."  _^^ 


A  HISTORY 


ORIGIN  OF  THE  APPELLATION 


KEYSTONE  STATE, 


AS  APPLIED  TO  THE  COMMONWEALTH  OF  PE^NSYLVANLV ; 

TOGETHEP.  WITH  EXTEACTS  FROM  MANY^AUTHORI- 

TIES  RELATIVE  TO  THE  ADOPTION  OF  THE 


DECLAEATIOI^  OF  INDEPEI^DE^NCE 

BY  THE  CONTINENTAL  CONGRESS,  JULY  4TH,  177G. 

TO  WHICH  IS  APPENDED  THE 

K'cw  Constitution  of  Pennsylvania, 

WITH  AN  ALPHABETICAL  CONTENTS. 


PHILADELPHIA: 

CLAXTON,  REMSEN  &  HAFFELFINGER, 

Nos.  024,  G26  &  628  Market  Stkeet. 

1874. 


Sutured,  according  to  Act  of  Congress,  in  the  year  1874,  by 

CLAXTON,  RE.MSEN  &  HAFFELFINGER, 

in  the  Othce  of  the  Librarian  of  Congress,  at  AVashington. 


-^^ 


FAG/N  4  PON,  ^^ 

i.  P. 


_^^ 


,^ 


TO     • 

THE  PEOPLE  OF  PENNSYLVANIA, 

THIS  AVORK  IS 


^[(ipcdfunu  ^i^ditalcil 


BY  THE  COMPILER. 


'/ \ 


Pennsylvania  is  called  the  "  KEYSTONE  STATE  "  —  the 
thirteenth  State,  the  Mock  of  the  arch,  — from  the  fact  that,  by 
the  casting  vote  of  JOHN  MORTON,  she  secured  the  unani- 
mous adoption  of  the  Declaration  of  Independence  in  the 
Continental  Congress  on  the  fourth  of  July,  1776,  being  the 
last  or  thirteenth  State  to  vote  for  that  immortal  instrument. 

In  the  year  1870,  an  article  was  published  in  a  rural 
newspaper  which  ascribed  the  origin  of  Pennsylvania's 
appellation  "  Keystone  State  "  to  the  whim  of  an  architect, 
who,  in  building  a  bridge  over  Kock  Creek,  near  George- 
town, D.  C,  saw  proper  to  place  on  the  central  block  of  its 
arch  the  abbreviation  "  Pa." 

The  compiler  of  this  work,  after  having  read  the  "  Rock 
Creek "  theory,  was  unable  to  accept  it  as  correct,  and,  iu 
order  to  satisfy  his  mind  on  the  matter,  resolved  to  enter 
upoji  a  thorough  and  unprejudiced  examiuatiou  of  the  sub- 
ject, and,  with  this  purpose  in  view,  he  at  once  set  to  work. 
Volume  after  volume  of  histories  were  carefully  searched  ; 
mouldy  documents  were  dragged  from  their  long  repose  and 
closely  scanned ;  and  in  due  time  he  was  enabled,  as  the 
reward  of  his  tedious  investigations,  to  prepare,  and  publish 

in  a  Philadelphia  journal,  a  refutatory  reply. 

1*  V 


VI  PREFACE. 

This  brought  forth  a  second  and  more  voluminous  article 
from  the  autlior  of  the  "Kock  Creek"  story,  notwithstanding 
his  first  attempt  was  ridiculed  as  a  "stupid  l)hinder"  by 
many  leading  newspapers  of  the  State. 

Again  were  the  libraries  visited  and  their  dusty  treasures 
consulted ;  no  amount  of  toil,  or  tiresome  research,  was 
sijarcd,  to  tlie  end  tliat  the  question  might  be  forever  set  at 
rest.  And  rich  were  the  fruits  of  this  inquisition.  Numerous 
authorities  were  found,  many  of  which  were  contemporaneous 
with  the  events  they  described ;  and  not  a  few  of  the  state- 
ments were  in  the  handwriting  of  those  who  had  actually 
beheld  what  they  related  ! 

With  this  accumulation  of  facts  as  a  basis,  another  article 
■was  written  and  published.  And  so  for  nearly  three  years 
the  question  was  argued  pro  and  con,  the  compiler  con- 
stantly endeavoring  to  fortify  his  position  with  the  strongest 
historical  proof. 

In  presenting  this  work  to  the  public,  —  at  a  time  when 
the  events  of  our  early  national  history  possess  a  peculiar 
degree  of  interest  to  every  American  citizen,  in  fact,  to  the 
world,  —  he  would  take  occasion  to  state  that  he  is  induced 
to  do  so  for  two  reasons :  The  first  being  to  gratify  the  oft- 
expressed  desire  of  many  esteemed  friends;  and  tlie  second, 
to  furnish  an  amount  of  reliable  data  to  the  people  of  Penn- 
sylvania whicji  could  not  otherwise  be  had  except  at  a  great 
cost  of  time  and  labor. 

In  the  following  pages  will  be  found  botli  sides  of  tlie 
question,  each  article  being  arranged  in  the  order  in  which 
it  appeared  iu  the  several  newspapers  and  pamphlets. 


A  HISTORY 


OF    THE 


OEIGIN   OF   THE   APPELLATION 


KEYSTONE    STATE. 


From  the  Delaware  County  Republican  of  January  8,  1868. 


"KEYSTONE  STATE." 

THERE  are  but  few,  comparatively,  of  the  great  mass 
of  our  fellow -citizens  that  know  why  Pennsylvania 
received  the  appellation  of  the  "Keystone  State;"  and  it 
may  be  equally  true  that  few  are  aware  of  the  fact  that 
Pennsylvania  decided  the  great  issue  of  American  inde- 
pendence. 

In  the  old  Episcopal  church -yard  in  Chester  stands  a 
plain,  neat  monument  about  twelve  feet  in  height,  erected 
over  the  remains  of  John  Morton,  one  of  the  signers  of  the 
Declaration  of  Independence,  July  4,  1776.  It  bears  the 
following  inscription : 

7 


A  inSTOR  Y  OF  THE  OrJGIN  OF 

Pcbitutcir 
To  the  moinoiy  of 

JOHN   MORTON, 

a  member  of  tlie  American  Congress 

from  the  State  of  Pennsylvania, 

assembled  in  New  York,  1705, 

and  of  the  next  Congress  assembled  in  Philadelphia  in  1774, 

and  various  other  public  stations. 

Born,  A.  D.  1724;  died,  A.  D.  1777. 

This  monument  was  erected  by  a  portion  of  his 

relatives,  October  9th,  1845. 

In  1775, 

while  Speaker  of  the  Assembly  of  Pennsylvania, 

John  Morton  was  re-elected  a  member  of 

Congress,  and  in  the  ever  memorable 

session  of  July,  1776,  he  attended 

that  august  body  for  the  last 

time,  enshrining  his  name 

in  the  grateful  remembrance  of  the 

American  people  by  signing  the 

Declaration  of  Independence. 

In  voting  by  States  upon  the  question  of  the 

Independence  of  the  American  Colonies, 

there  was  a  tie,  until  the  vote  of  Pennsylvania  was 

given  ;  two  members  from  which  voted 

in  the  affirmative  and  two  in  the  negative. 

The  tie  contiimed  until  the  vote  of  the  last  member, 

JOHN  MORTON, 

decided  the  promulgation  of  the  glorious  diploma 

of  American  Freedom. 
John  Morton  being  censured  by  some  of  his  friends 
for  his  boldness  in  giving  tlie  casting  vote  for 
the  Declaration  of  Independence,  his 
prophetic  spirit  dictated  fnjui 
liis  death-bed  the  fol- 
lowing message 
to  them : 
"Tell  them  that  they  will  live  to  see  the  hour  when 
they  shall  acknowledge  it  to  Iiave  been  tlie 
most  glorious  service  that  ever  I 
rendered  to  my  country." 


TEE  APPELLA  TTON  KE YSTOXE  STA  TE.  9 

The  circumstances  attending  the  adoption  of  the  Decla- 
ration of  Independence  by  tlie  Continental  Congress  are  as 
follows:  The  vote  was  taken  by  the  delegations  of  the  thir- 
teen colonies.  Six  of  them  voted  in  favor  and  six  against 
the  measure.  These  delegations  sat  right  and  left  of  the 
President,  John  Hancock.  In  front  of  him  the  Pennsyl- 
vania delegation  was  seated. 

When  the  delegations  from  all  the  colonies,  except 
Pennsylvania,  had  voted,  and  it  was  discovered  that  they 
Avere  equally  divided,  John  Hancock,  perceiving  that  John 
Morton,  one  of  the  Pennsylvania  delegation,  was  not  in  his 
seat,  and  seemingly  aware  that  the  latter  held  the  casting 
vote  in  favor  of  the  measui'e,  arose  and  made  a  speech, 
urging  the  Pennsylvania  delegation  to  vote  for  indepen- 
dence. He  continued  his  exhortation  until  he  saw  John 
Morton  enter  the  hall,  and  then  sat  down. 

The  Pennsylvania  delegation  stood  equally  divided  upon 
the  great  issue,  until  John  Morton  gave  the  casting  vote  in 
favor  of  the  Declaration. 

Thus  John  Morton  decided  the  vote  of  Pennsylvania ; 
and  thus  Pennsylvania,  by  giving  the  casting  vote,  decided 
that  important  question ;  and  from  this  circumstance  she 
received  the  name  of  the  "  Keystone  State,"  —  the  thirteenth 
State, —  the  block  of  the  arch. 

The  reason  why  John  Morton  was  delayed  in  the  occu- 
pancy of  his  seat  on  that  occasion,  was  that  a  number  of 
persons  visited  him  on  that  morning,  urging  him  to  vote 
against  the  Declaration.  But  they  could  not  prevail ;  and 
many  of  them  did  live  to  see  the  time  when  they  had  to 
acknowledge  it  was  the  best  thing  he  could  do,  and  "  the 
most  glorious  service  that  he  had  ever  rendered  to  his 
country." 

All  honor  then  be  ascribed  to  the  memory  of  John  Morton 
of  Pennsylvania. 


10  A  HISTORY  OF  THE  OniGTX  OF 

THE  "MORTON  HALL"  TABLET. 

On  the  12th  of  February,  1868,  a  marble  tablet  was 
erected  in  Morton  Hall,  corner  Forty-first  and  Haverford 
Streets,  West  Philadelphia,  bearing  the  following  inscription, 
to  wit : 

JOHN  MORTON, 

Member  of  the  SUirap  Act  Congress 

from  this  Colony, 

Judge  of  the  Supreme  Court, 

Delegate  to  the  first  Congress  in  1774, 

Speaker  of  the  House  of  Assembly, 

Ee-elected  to  the  Congress  of  1776,  where, 

in  giving  tlie  casting  vote  of  his 

delegation,  he  crowned 

Pennsylvania 

The  Keystone  of  theAr(!h  of  Liberty, 

and   secured   to   the 

American  people 

The  Declaration  of  Independence, 

Himself   a   signer. 

Born,  A.  D.  1724, 

Died,  A.  D.  1777. 


oJO^Jo 


Extracts   from  the   "  History  of  the   American  Revolution," 

Comprehend irifj  all  the  Principal  Events,  both  in  the  Field  and  in 
the  Cabinet,  bij  Paul  Allex,  Esq.,  to  icluch  are  added  the  mod 
Important  Resolutions  of  the  Continental  Congress,  etc.,  published 
in  2  Volumes,  in  1819. 

Extract  from  Preface. 
In  the  prosecution  of  the  present  work,  it  is  deemed  proper 
to  state  tliat  the  facts  have  been  drawn  from  what  is  honestly 
believed  to  be  the  most  unquestionable  sources;  from  a  painful 
and  accurate  examination  and  comparison  of  the  various  histories 
of  that  important  event;  from  the  correspondence  of  those  who 
were  the  immodiutc  parties  in  a  struggle  so  glorious  to  our  coun- 
try; from  olliciai  documents;  from  tlie  archives  of  our  Continental 
Congress,  and  those  of  the  dillereut  Legislatures,  etc.,  etc. 


THE  APPELLA TION  KEYSTONE  STATE.  1 1 

Ejtracf from  Vol  I.,paf/e  342,  etc. 

The  Congress  had  wiiited  with  considerable  patience  and 
sonic  anxiety  the  result  of  the  late  session  of  Parliament;  they 
had  forborne  to  do  anything  which  might  not  be  justified  upon 
the  fair  j)riuciple  of  self-defence,  until  it  appeared  that  the  Min- 
istry were  resolved  that  nothing  short  of  the  most  alyect  submis- 
sion should  be  the  price  of  accommodation.  Early  in  May, 
therefore,  the  Congress  adopted  a  measure  intended  to  sound  the 
sentiments  of  the  colonies  on  the  subject  of  independence. 

They  stated  the  rejection  of  their  petitions,  the  Prohibitory 
Act,  and  the  employment  of  foreign  mercenaries  to  reduce  them 
to  obedience;  and  concluded  by  declaring  it  expedient  that  all 
the  colonies  should  proceed  to  the  establishment  of  such  a  form 
of  government  as  their  representatives  might  think  most  con- 
ducive to  the  peace  and  happiness  of  the  people.  This  Preamble 
and  Resolution  was  immediately  forwarded  to  all  the  colonies; 
and  in  a  few  days  afterwards,  Richard  Henry  Lee,  of  Virginia, 
gave  notice  to  the  Congress  that  he  should,  on  an  appointed  day, 
move  for  a  declaration  of  independence.  This  was  accordingly 
done;  but  the  consideration  of  the  question  was  postponed  until 
the  first  of  July  —  so  timid,  so  wavering,  so  unwilling  to  break 
the  maternal  connection  were  most  of  the  members.  The  interval 
was  employed  in  unceasing  exertions,  by  the  friends  of  indepen- 
dence, to  prepare  the  minds  of  the  people  for  the  necessity  and 
advantages  of  such  a  measure.  The  Press  teemed  with  essays 
and  pamphlets  in  which  all  the  arts  of  eloquence  were  used  to 
vindicate  the  prejudices  which  supported  an  attachment  to  the 
King  and  the  Government  of  England. 

Among  the  numerous  writers  on  this  momentous  question,  the 
most  luminous,  the  most  eloquent,  and  the  most  forcible  was 
Thomas  Paine.  His  pamphlet  entitled  "Common  Sense"  was 
not  only  read,  but  understood  by  everybody.  It  contained  plain 
and  simple  truths,  told  in  a  style  and  language  that  came  home 
to  the  heart  of  every  man  ;  and  those  who  regard  the  indepen- 
dence of  the  United  States  as  a  blessing  will  never  cease  to  cherish 
the  remembrance  of  Thomas  Paine.  Whatever  may  have  been 
his  subsequent  career  —  in  whatever  light  his  moral  or  religious 
principles  may  be  regarded  —  it  should  never  be  forgotten  that  to 
him,  more  than  to  any  single  individual,  was  owing  the  rapid 


12  A  HISTORY  OF  THE  ORIGIN  OF 

diffusion  of  those  sentiments  and  feelings  wliidi  produced  the  act 
of  separation  from  Groat  Britain. 

New  Hampshire,  New  York,  New  Jersey,  Pennsylvania,  and 
Maryhmd  for  a  long  Lime  held  out  against  the  motion  for  inde- 
pendence. In  Pennsylvania,  the  proposed  measure  was  so  warmly 
opposed  hy  Mr.  Dickinson,  who  had  been  one  of  the  first  and 
ablest  advocates  of  resistance,  that  the  Convention  of  Deputies 
left  hiui  out  in  their  election  of  delegates  to  Congress,  and  ap- 
I)ointed  Dr.  Benjamin  Rush  in  his  place. 

In  Maryland,  the  Convention  instructed  tlieir  delegates  to 
vote  against  the  Declaration  of  Indejiendence,  which,  on  the  first 
question,  they  did,  contrary  to  their  own  sentiments;  and,  with- 
drawing immediately  from  the  Congress,  they  returned  to  their 
own  colony.  Here  Samuel  Chase  labored  industriously  and 
effectually  to  jirocure  county  meetings,  at  which  the  people  were 
induced  to  instruct  their  deputies  to  reverse  their  former  vote. 
And  on  the  28th  of  June  the  Convention  gave  a  unanimous 
vote  for  indei)enilence,  with  which  the  delegates  lost  no  time  in 
returning  to  Congress. 

On  the  day  agreed  upon  for  the  consideration  of  Mr.  Lee's 
motion,  the  first  of  July,  Congress  resolved  itself  into  a  committee 
of  the  whole;  the  debates  on  the  question  were  continued  with 
great  warmth  for  three  days.  It  had  been  determined  to  take 
the  vote  by  colonies;  and  as  a  ma-ster-stroke  of  policy,  the  author 
of  which  is  not  known  to  history,  it  had  been  proposed  and  agreed 
that  the  decision  on  the  question,  whatever  might  be  the  real 
state  of  the  votes,  should  aj)pcar  to  the  world  as  the  unanimous 
voice  of  the  Congress.  On  thk  first  questiox,  six  colonies 
"were  in  the  affirmative  and  six  in  the  negative  — 
Pennsylvania  being  without  a  vote  by  the  division  op 
IIER  delegates.  What  an  awful  moment  was  this  for  the  san- 
guine friends  of'freedom.  In  this  state  of  the  business  it  is  said, 
on  the  authority  of  evidence  afterwards  adduced  before  the 
British  Parliament,  that  Mr.  Samuel  Adams  once  more  success- 
fully exerted  his  influence,  and  that  one  of  tlie  delegates  of 
Pennsylvania  was  brought  over  to  the  side  of  independence.  It 
is  more  probable,  however,  that  the  influence  of  Mr.  Adams 
extended  no  further  than  to  procure  two  of  the  dissenting  mem- 
bers to  withdraw  from  the  House,  and  that  the  vote  of  Pennsyl- 


THE  A  FPELLA  TION  KE  YSTONE  ST  A  TE.  1 3 

vania  was  thus  obtained.  It  is  to  be  regretted,  only  as  a  matter 
of  laudable  curiosity,  that  the  journals  of  Congress  are  profoundly 
silent  as  to  the  minute  proceedings  on  this  memorable  question, 
and  as  to  the  names  of  those  who  espoused  or  opposed  it. 

We  have  no  reason  to  doubt  the  purity  of  motive  which 
actuated  any  member.  It  is  suthcient  that  at  length  the  impor- 
tant decision  was  made;  and  whether  made  by  a  majority  of  one 
or  of  twenty  voices,  is  a  question  of  no  historical  importance. 

Thomas  Jefferson,  John  Adams,  Benjamin  Franklin,  Roger 
Sherman,  and  R.  R.  Livingston  had  been  appointed,  on  the  11th 
of  June,  to  prepare  a  declaration  of  independence.  It  was  agreed 
by  this  committee  that  each  individual  of  it  should  draw  up  such 
a  declaration  as  his  judgment,  talents,  or  feelings  should  dictate; 
that  upon  comixiring  the  whole,  the  one  should  be  chosen  as  the 
report  of  the  committee  which  should  be  most  conformable  to 
the  wishes  of  the  whole.  Mr.  Jefferson's  paper  was  the  first  one 
read,  and,  as  the  highest  compliment  which  could  be  paid  to 
the  talents  which  it  displays,  every  member  of  the  committee 
instantaneously  resolved  to  suppress  his  own  production,  modestly 
observing  that  it  was  unworthy  to  bear  a  competition  with  what 
they  had  just  heard. 

On  the  4th  day  of  July,  1776,  that  Declaration  was  adopted 
by  Congress  and  given  to  the  world  as  follows : 

A  Declaration  by  the  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  etc.,  etc. 

Page  353. 
The  Declaration  of  Independence  was  of  itself  a  victory  —  a 
victory  over  the  passions,  prejudices,  and  fears  of  a  multitude. 
It  drew  the  line  forever  between  the  friends  and  the  foes  of 
America.  It  left  no  neutrals.  He  who  was  not  for  independence, 
unconditional  independence,  was  an  enemy.  The  effect  produced 
upon  the  public  mind,  by  the  boldness  and  unanimity  manifested 
on  this  occasion  by  the  delegates  of  the  several  colonies,  operated 
on  the  general  confidence  of  the  people  as  much  as  a  similar 
declaration  would  have  done  had  it  been  adopted  and  signed  by 
the  whole  population  of  the  States. 

The    manifesto    appeared   as   unanimous;    it  was    hailed   as 
prognostii;. 
2 


14  A  HISTORY  OF  THE  ORIGIN  OF 

Page  356. 

The  Declaration  of  Independence  was  received  as  the  unani- 
mous resolve  of  the  thirteen  colonies.  And  even  in  England, 
where  some  intimations  of  such  a  design  had  been  announced  in 
the  circles  of  Government,  and  where  the  strength  of  the  royalists 
was  the  most  intimately  known,  the  power  of  that  formidable 
minority  was  forgotten  in  the  alarm  of  the  first  intelligence; 
and  the  Cabinet  politicians  themselves  for  awhile  believed  that 
the  whole  population  of  America  had  spoken  to  their  oppressors. 

The  unnnimitij  thus  exhibited  in  this  moment  of  unparalleled 
trial  was  justly  regarded  as  portentous  not  only  of  the  nature,  but 
of  the  termination  of  the  contest. 

Page  403. 
About  this  time  (meaning  about  the  middle  of  .July,  177(),)  a 
series  of  resolutions  were  received  in  Congress,  from  the  New 
York  Convention,  expressing  in  animated  language  their  devo- 
tion to  the  great  cause,  and  favoring  any  means  of  resistance  to 
the  encroachments  of  the  enemy.  The  public  feeling  was  at  the 
highest  degree  of  tension — every  eye  was  turned  upon  New 
York.  There  it  was  expected,  if  not  the  fate  of  the  whole 
country,  the  fate  of  Washington  and  his  whole  army  was  speedily 
to  be  determined.  Troops  were  hourly  coming  in  from  all 
quarters. 

From  the  Athens  Gleaner  of  May  12,  1870. 

PENNSYLVANIA:   WHY  CALLED  THE  KEY- 
STONE STATE. 

The  designation  of  Pennsylvania  as  the  "  Keystone  State  " 
originated  in  -the  city  of  Washington,  near  the  close  of  the 
last  century  or  early  in  the  present.  When  the  seat  of  the 
Federal  Government  was  by  act  of  Congress  permanently 
located  on  the  Potomac,  commissioners  were  appointed  to 
locate  tlie  site  of  a  new  city  there,  who  employed  a  French 
architect,  by  tl)e  name  of  L'Enfant,  to  design  and  survey  it 
out.     Besides  the  multitude  of  streets  which  he  mapped  out 


THE  ArrELLATION  KEYSTONE  STATE.  15 

and  designated  by  the  A,  B,  C's  and  1,  2,  3's,  he  also  phmnod 
a  number  of'niagnificent,  broad  avenues,  running  diagonally 
across  them.  The  three  principal  of  these  avenues  ran 
nearly  parallel  through  the  city,  from  the  east  branch  of  the 
Potomac  to  Rock  Creek,  near  Georgetown.  Of  these,  the 
central  one  was  named  Pennsylvania  Avenue,  the  one  north 
of  it  Massachusetts  Avenue,  and  the  one  south  of  it  Vir- 
ginia Avenue. 

Pennsylvania  Avenue,  as  is  well  know'n,  became  the  great 
thoroughfare  of  the  city,  and  where  it  was  extended  across 
Rock  Creek  to  Georgetown,  a  stone  bridge  with  a  single 
arch  was  erected  of  stones  unused  in  building  the  walls  of 
the  Capitol.  In  constructing  the  arch  of  the  bridge,  thir- 
teen ring  or  arch  stones  were  exposed  to  view,  on  each  side 
of  which  were  engraved  the  initials  of  the  name  of  one  of 
the  thirteen  original  States.  Those  forming  the  north  side 
of  the  arch  were  N.  H.,  Mass.,  R.  I.,  Ct.,  N.  Y.,  and  N.  J. ; 
and  those  on  the  south  side  were  Ga.,  S.  C,  N.  C,  Va.,  Md., 
and  Del. ;  while  upon  the  thirteenth,  or  key-stone  of  this 
arch,  the  initials  of  Pennsylvania  were  engraved  so  con- 
spicuously as  to  be  seen  by  all  who  passed  it.  From  this 
circumstance  Pennsylvania  obtained  the  name,  and  has  since 
been  w'idely  known  as  the  "  Keystone  State."  This  bridge 
has  since  been  destroyed  and  replaced  by  others.  But  it 
will  be  long  before  Pennsylvania  ceases  to  be  known  by  the 
name  she  acquired  when  the  key-stone  of  this  arch,  in  the 
city  of  Washington,  bore  her  initials. 

From  the  Evening  Telegraph,  of  Philada.,  of  June  4,  1870. 

THE  KEYSTONE  STATE. 

We  notice  a  foolish  error  going  the  rounds  of  the  press 
regarding  the  appellation  the  "  Keystone  State,"  and  how 
Pennsylvania  came  to  be  so  called.     It  would  be  an  endless 


16  A  HISTORY  OF  THE  OmOIX  OF 

task  to  attempt  to  correct  all  the  stupid  mistakes  made,  by 
newspapers,  but  this  error  concerns  Pennsylvanians  directly. 
According  to  the  veracious  historian  whose  account  is  before 
us,  Pennsylvania  has  no  better  or  liigher  right  to  be  called 
the  "  Keystone  State "  than  this :  That  \Yheu  the  city  of 
"Washington  w^as  laid  out,  a  certain  bridge  near  Georgetown 
had  its  arch  fancifully  inscribed  with  the  names  of  the  origi- 
nal thirteen  States,  and  that  Pennsylvania,  having  the  cen- 
tral place  in  the  arch,  was  called  the  key-stone  by  the  primi- 
tive citizens  of  those  times,  and  has  continued  to  be  called 
so  ever  since.  This  is  putting  the  cart  before  the  horse  with 
a  vengeance.  We  do  not  deny  so  much  of  the  bridge  story 
as  describes  the  formation  of  the  arch,  but  we  do  say  (and 
think  it  strange  even  that  it  should  be  necessary  for  us  to 
say)  that  the  device  of  the  architect  was  but  taken  from  a 
historical  incident  of  very  great  importance.  The  name,  in 
fact,  was  derived  from  the  circumstance  that  Pennsylvania 
cast  the  deciding  vote  on  the  question  of  American  inde- 
pendeace.  In  Sanderson's  "  Lives  of  the  Signers,"  it  is  stated 
that  the  vote  was  taken  by  the  delegations  of  the  thirteen 
colonies.  Six  of  them  voted  in  favor  and  six  against  the 
measure.  The  delegations  from  all  the  colonies,  excL.'pt  one 
member  from  Puunsylvania,  had  voted,  and  it  was  discov- 
ered that  they  were  equally  divided.  Upon  this  simple  vote, 
then,  depended  the  entire  question  of  issuing  the  Declaration 
of  Independence.  The  name  of  the  delegate  upon  whom 
so  much  depended  was  John  Morton,  and  it  is  a  name  that 
should  never  be  forgotten.  John  Morton  voted  ai/e !  and 
the  deed  was  done.  Thus  Pennsylvania,  by  giving  the  cast- 
ing vote,  settled  that  important  question,  and  from  that  cir- 
cumstance she  received  the  name  of  the  "  Keystone  State,"  — 
the  thirteenth  State,  —  the  block  of  the  arch. 

Will  country  ])apers  please  copy?  and  city  papers,  too, 
for  that  matter  ?  It  does  not  so  much  surprise  us  to  see  the 
ridiculous  story  about  the  Georgetown  bridge  copied  in  the 


THE  APPELLATION  KEYSTONE  STATE.  17 

Homer  Iliad  and  the  Blooniiiigtou  Paiitagraph,  but  to  find 
it  iu  Peuasylvania,  and,  most  of  all,  in  our  city  papers, 
makes  one  feel  sad.  The  otlier  day,  when  we  saw  the  ab- 
surd thing  dished  up  afresh  by  one  of  our  contemporaries, 
we  grew  savage,  and  determined  to  go  for  it.  Let  us 
straighten  this  matter  up  once  for  all,  and  as  much  for  the 
memory  of  honest  John  Morton  as  for  anything  else. 


Froni  The  Keystone,  of  Philadelphia,  of  July  23,  1870. 

ANOTHER  TEACHING. 

Bro.  S.  Hayden,  of  Athens,  Bradford  County,  Pennsylvania, 
has  written  a  very  interesting  paper  on  the  "  Keystone  State," 
and  its  appellation  to  Pennsylvania  historically  considered. 

Bro.  Hayden  is  a  veneralile  member  of  the  fraternity, 
who  has  devoted  a  lifetime  to  considering  Masonic  subjects, 
and  he  has  written  admirably  on  many  to  the  delight  and 
instruction  of  his  readers. 

As  there  are  many,  both  Masons  and  others,  who  have  no 
idea  why  Pennsylvania  was  called  the  "  Keystone  State," 
Bro.  Hayden's  paper  will  be  instructive.  We  publish  it, 
because  it  is  fitting  that  the  subscribei's  of  The  Keystone 
should  know  why  it  was  that  name  was  chosen  for  our  paper. 

As  Pennsylvania  stands  to  the  Federal  Union,  The  Key- 
stone, we  hope,  stands  to  the  Masonic  Press  of  the  United 
States.  We  ardently  hope,  our  sincere  wish  is,  that  The 
Keystone  shall  ever  find  the  Arch  of  Masonry  strong,  firm, 
unyielding,  solid.  Our  efforts  are  to  this  end,  so  that  when, 
if  ever,  assaults  on  the  craft  shall  come  from  within  or  with- 
out the  Great  Masonic  Arch,  firm,  strong,  and  united,  its 
key-stone  hohling  it  as  the  Great  Architect  intended,  when 
He  permitted  it  to  be  constructed,  unmoved  and  uuinovable, 
these  assaults  shall  only  prove  the  workmanship,  and  show 
its  indestructibility. 

2*  B 


18  A  UlSTORY  OF  THE  ORIGIN  OF 

From  the  Athens  Gleaner  of  July  14,  1S70. 

The  Keystone  State  :  Its  Appeli>ation  to  Pennsyl- 
vania Historically  Considered. — In  the  Athens  Gleaner 
of  May  12,  I  presented  some  facts  relating  to  the  name  of 
Pennsylvania  in  its  provincial  character,  and  the  origin  of  the 
term  "  Keystone,"  as  since  applied  to  it.  My  attention  has 
since  been  called  to  an  article  credited  to  the  Philadelphia 
Telegj'ctjjh,  and  published  in  various  papers  of  the  State,  con- 
tradicting and  ridiculing  the  reason  I  there  gave  why  Penn- 
sylvania was  first  called  the  "Keystone  State,"  and  setting 
forth  a  pretended  reason,  entirely  different,  for  this  aj^pella- 
tion. 

That  all  who  may  feel  interested  in  this  question,  either 
as  one  of  curiosity  or  one  of  history,  may  more  fully  com- 
joreheiid  the  point  at  issue,  I  will  reinsert  in  this  article  that 
part  of  my  former  one  which  explained  the  origin  of  the 
term  "Keystone"  as  applied  to  our  State,  and  also  the  com- 
ments on  my  article  by  the  Philadelphia  Telegraph,  as  pub- 
lished in  the  Bradford  Reporter  of  June  16,  with  the  en- 
dorsement of  the  editor  of  that  jDaper. 

Extract  from  the  Athens  Gleaner  of  May  12. 

Pennsylvania:  Why  called  the  Keystone  State. — 
The  designation  of  Pennsylvania  as  the  "Keystone  State" 
originated  in  the  city  of  Wasliington,  near  the  close  of  the 
last  century  or  early  in  the  present.  When  the  seat  of  the 
Federal  Government  was  by  act  of  Congress  permanently 
located  on  the  Potomac,  commissioners  were  api)()inted  to 
locate  the  site  of  a  new  city  there,  who  employed  a  French 
architect,  by  the  name  of  L'Enfant,  to  design  and  survey  it 
out.  Besides  the  multitude  of  streets  which  he  mapped  out 
and  designated  by  the  A,  B,  C's  and  1,  2,  3's,  he  also  idanned 
a  number  of  magnificent,  broad  avenues,  running  diagonally 
across  them.  The  three  principal  of  these  avenues  ran 
nearly  ijarallcl  througli  the  city,  from  the  east  branch  of  the 


THE  APPELLA TION  KEYSTONE  STA TE.  1 0 

Potomac  to  Rock  Creek,  near  Georgetown.  Of  these,  the 
central  one  was  named  Pennsylvania  Avenue,  the  one  north 
of  it  Massachusetts  Avenue,  and  the  one  south  of  it  Vir- 
ginia Avenue. 

Pennsylvania  Avenue,  as  is  well  known,  became  the  great 
tlioroughfare  of  the  city,  and  where  it  was  extended  across 
Rock  Creek  to  Georgetown  a  stone  bridge  with  a  single 
arch  was  erected  of  stones  unused  in  building  the  walls  of 
the  Capitol.  In  constructing  the  arch  of  the  bridge,  thir- 
teen ring  or  arch  stones  were  exposed  to  view,  on  each  of 
which  were  engraved  the  initials  of  the  name  of  one  of  the 
thirteen  original  States.  Those  forming  the  north  side  of 
the  arch  were  N.  H.,  Mass.,  R.  I.,  Ct.,  N.  Y.,  and  N.  J., 
and  those  on  the  south  side  were  Ga.,  S.  C,  N.  C,  Va.,  Md., 
and  Del. ;  while  upon  the  thirteenth,  or  key-stone  of  this 
arch,  the  initials  of  Pennsylvania  were  engraved  so  con- 
spicuously as  to  be  seen  by  all  who  passed  it.  From  this 
circumstance  Pennsylvania  obtained  the  name,  and  has  since 
been  widely  known  as  the  "  Keystone  State."  This  bridge 
has  since  been  destroyed  and  replaced  by  others.  But  it 
will  be  long  before  Pennsylvania  ceases  to  be  known  by  the 
name  she  acquired  when  the  key-stone  of  this  arch,  in  the 
city  of  Washington,  bore  her  initials. 

Extract  from  the  Bradford  Reporter  of  June  16. 

The  Keystone  State.  —  S.  Hayden  contributed  to  the 
Athens  Gleaner,  a  few  weeks  since,  an  article  on  the  origin 
of  the  appellation  "  Keystone  State."  The  Philadelphia 
Tclegra'ph  gives  another  version  of  the  origin,  which  we 
think  more  probable.     That  paper  says  : 

"  We  notice  a  foolish  error  going  the  rounds  of  the  press  re- 
garding the  appellation  of  the  '  Keystone  State,'  and  how  Penn- 
sylvania came  to  be  so  called.  It  would  he  an  endless  task  to 
attempt  to  correct  all  the  stupid  mistakes  made  by  newspapers, 
but  this  error  concerns  Pennsylvania  directly.     According  to  the 


20  A  HISTORY  OF  THE  ORIGIN  OF 

voracious  lii?torian  whose  account  is  before  us,  Pennsylvania  has 
no  better  or  liiglier  right  to  be  called  the  '  Keystone  State'  than 
this :  That  when  the  city  of  Washington  was  laid  out,  a  certain 
bridge  near  Georgetown  had  its  arch  fancifully  inscribed  with  the 
names  of  the  original  thirteen  States,  and  that  Pennsylvania, 
having  the  central  place  in  the  arch,  was  called  the  keystone  by 
the  ijrimitive  citizens  of  those  times,  and  has  continued  to  be 
called  so  ever  since.  This  is  putting  the  cart  before  the  horse 
with  a  vengeance.  We  do  not  deny,"  continues  the  Telegraph, 
"  so  much  of  the  bridge  story  as  describes  the  formation  of  the 
arch,  but  we  do  say  (and  think  it  strange  even  that  it  should  be 
necessary  for  us  to  say)  that  the  device  of  tlie  architect  wivs  but 
taken  from  a  historical  incident  of  very  great  importance.  The 
name,  in  fact,  was  derived  from  the  circumstance  that  Pennsyl- 
vania cast  the  deciding  vote  on  the  question  of  American  inde- 
pendence. In  Sanderson's  '  Lives  of  the  Signers,'  it  is  stated  that 
the  vote  was  taken  by  the  delegations  of  the  thirteen  colonies  — 
six  of  them  voted  in  favor  and  six  against  the  measure.  Tlie 
delegations  from  all  the  colonies,  except  one  member  from  Penn- 
sylvania, had  voted,  and  it  was  discovered  that  they  were  equally 
divided.  Upon  this  simple  vote,  then,  depended  the  entire  ques- 
tion of  issuing  the  Declaration  of  Independence.  The  name  of 
the  delegate  upon  whom  so  much  depended  was  Jolin  Morton, 
and  it  is  a  name  that  should  never  be  forgotten.  John  Morton 
voted  atje  /  and  the  deed  was  done.  Thus  Pennsylvania,  by  giv- 
ing the  casting  vote,  settled  that  important  question,  and  from 
that  circumstance  she  received  the  name  of  the  '  Keystone 
State,'  —  the  thirteenth  State,  —  the  block  of  the  arch." 

The  principal  facts  as  given  above  in  my  article  of  May 
12,  which  are  denounced  by  the  Philadelpliia  Telegra2)h  as 
"  a  foolish  error  "  and  "  stupid  mistake,"  were  first  commu- 
nicated to  me  by  the  late  General  Peter  Force,  of  Wash- 
ington, formerly  JNIayor  of  that  city,  and  the  well-known 
author  of  the  "American  Archives,"  wliich  were  puhiislied 
by  authority  of  Congress  a  few  years  ago,  in  several  quarto 
volumes.  His  extensive  and  rare  collection  of  American 
d(jcunients  has  since  been  purchased   by  Congress  for  the 


THE  APPELLATION  KEYSTONE  STATE.  21 

Congressional  library.  His  well-earned  fame  as  an  anti- 
quarian and  historian  would  have  justified  me  in  receiving 
as  correct  the  statement  he  gave  me,  that  the  appellation  of 
"  Keystone  Stiite  "  to  Pennsylvania  had  its  origin  from  the 
initials  of  this  State  having  been  inscribed  on  the  key-stone 
of  the  arch  of  the  bridge  erected  over  Rock  Creek,  as  de- 
scribed in  my  article  under  consideration,  without  any 
further  evidence.  He  had  been  a  resident  of  the  city  of 
Washington  almost  from  its  infancy,  was  familiar  with  its 
early  history,  and  could. give  with  more  accuracy  the  land- 
marks of  the  great  leading  events  that  had  transpired  for 
the  last  century  than  any  man  then  living.  He  was  a  lover 
of  historic  truth,  and  was  not  ashamed  to  follow  where  its 
footi)rints  led  him.  The  editor  of  the  Philadelphia  Tele- 
gru-ph  must,  therefore,  either  impeach  my  veracity  in  this 
statement,  or  include  him  in  his  denunciation  of  "foolish 
errors  "  and  "  stupid  blunders." 

I  have  not  a  copy  of  the  "American  Archives  "  before  me 
to  examine  whether  there  is  anything  therein  given  on  this 
subject,  but  in  a  work  entitled  "  The  Seat  of  Government 
of  the  United  States,"  written  by  Joseph  V.  Varnum,  Jr., 
and  first  published  in  ^Yasllington  in  1848,  and  a  second 
edition  in  1854,  it  is  stated  on  page  33  of  second  edition, 
"  That  the  names  of  the  thirteen  States  were  engraved  upon 
a  bridge  over  Rock  Creek,  constructed  of  refuse  materials 
taken  from  the  public  buildings,  since  carried  aAvay.  That 
of  Pennsylvania  was  on  the  key-stone;  hence  the  name, 
'  Keystone  State,' " 

Here  then  was  the  publication  of  the  same  fact  by  Mr. 
Varnum  in  his  book  on  "  The  Seat  of  Government,"  pub- 
lished in  the  city  of  Washington,  before  I  had  learned  of 
its  existence  through  General  Force, 

In  a  volume  entitled  "The  Washington  Sketch-Book,  by 
Viator,"  published  in  New  York  and  Washington  in  1864, 
page  255,  the  author  says,  in  speaking  of  the  aqueduct 


22  A  HISTORY  OF  THE  ORIGIN  OF 

bridge  wliich  at  present  cresses  Rock  Creek :  "  A  little 
above  is  another  bridge,  on  the  site  where  one  was  formerly 
constructed  of  I'efuse  materials  from  the  public  buildings. 
The  names  of  the  original  thirteen  States  were  engraved 
upon  the  arch ;  that  of  Pennsylvania  was  on  the  key-stone. 
Hence  the  name  '  Keystone  State.'  " 

Each  of  these  works  I  have  now  before  me,  and  each 
ascribes  the  origin  of  the  appellation  of  keystone,  to  our 
State,  to  the  same  cause  whicli  General  Force  had  communi- 
cated to  nie.  The  fact  that  it  originated  in  the  building  of 
the  bridge  over  Rock  Creek  had  passed  into  history,  and 
was  public  property,  before  I  presented  it  to  the  readers  of 
the  Gleaner,  in  an  article  on  the  name  of  Pennsylvania, 
collated  from  historic  records.  To  further  sliow  that  the  in- 
formation I  there  gave  was  not  new  to  all  intelligent  readers, 
or  treated  with  ridicule  by  the  present  historical  authorities 
of  the  day,  I  will  call  the  attention  of  all  who  are  interested 
in  this  subject  (which  the  Philadelphia  Telegraph  truly  says 
"concerns  Pennsylvania  directly")  to  the  fuUowing  extracts 
from  the  "  Historical  Magazine,"  published  in  New  York.  It 
is  the  most  valuable  historical  periodical  ever  published  in 
America,  and  has  long  been  edited  and  conducted  by  those 
distinguished  for  antiquarian  and  historical  ability  and 
accuracy.  It  is  devoted  to  accurate  researches  in  American 
history,  and  admits  of  and  invites  short  queries  and  answers 
in  relation  to  any  historical  points  where  any  of  its  pati'ons 
may  desire  information  from  others.  Its  readers,  as  well  as 
the  contributors  to  its  pages,  have  ever  comprised  many  of 
the  most  scrutinizing  and  intelligent  historians  of  our  coun- 
try, and  any  attempt  to  impose  falsehood  for  liistoric  truth 
upon  its  pages  would  soon  be  exposed,  and  its  author  de- 
nounced. 

In  the  October  No.,  of  1861,  of  this  magazine,  (Vol.  V., 
No.  10,  Jjage  316,)  the  following  query  was  inserted,  refer- 
ring to  the  former  one  in  1857. 


THE  APPELLATION  KEYSTONE  STATE.  23 

"Keystone  State.  —  In  the  'Historical  Magazine'  for  1857, 
page  279,  W.  D.  inquires  whether  any  one  can  give  authentic 
information  who  it  was  that  first  used  the  phrase,  *The  Keystone 
of  the  Federal  Arch'  in  reference  to  Pennsylvania, —  the  occasion 
or  place  where  and  the  time  when  it  was  so  applied. 

"  Can  any  answer  be  given  by  some  reader  of  the  '  Magazine'? 

J.  S.  F. 

"  West  Chester,  Pa." 

Feeling  interested  in  this  item  of  Pennsylvania  history, 
and  being  desirous  that  the  account  given  me  of  it  by 
General  Fox'ce,  and  that  published  of  it  by  Mr.  Varnum, 
should  pass  the  scrutiny  of  the  readers  of  the  "  Historical 
Magazine,"  I  sent  to  the  editor  of  it,  over  my  own  signature 
in  initials  (S.  H.),  which  was  then  well  known  to  him  and 
many  of  his  readers,  the  following  answer  to  the  above  query, 
which  was  inserted  in  the  November  No.  (Vol,  V.,  No.  2, 
page  350.) 

"  Keystone  State.  —  The  term,  I  believe,  was  adopted  about 
the  close  of  the  last  century,  in  consequence  of  the  initials  of 
the  State  being  engraved  on  the  key-stone  of  the  arch  of  the  stone 
bridge  that  was  erected  over  Rock  Creek,  between  the  city  of 
Washington  and  Georgetown.  This  bridge,  which  has  since  been 
destroyed,  was  built  of  stones  brought  to  build  the  walls  of  the 
first  Capitol,  and  unused  for  it.  Its  arch  is  said  to  have  consisted 
of  thirteen  stones,  the  key-stone  of  which  had  engraved  on  it  the 
initials  of  Pennsylvania,  and  the  twelve  others,  those  of  the  other 
States  at  that  period,  one  on  each.  Probably  Pennsylvania  may 
have  been  put  on  the  key-stone  from  the  fact  of  the  bridge  being 
at  the  termination  of  Pennsylvania  Avenue.  S.  H." 

In  the  April  No.,  1862,  (Vol.  VI.,  No.  4,  page  131,)  an 
additional  communication  was  given  in  the  "  Historical 
Magazine,"  over  the  signature  of  D.  W.,  of  Philadelphia. 

"The  Keystone  State.  —  If  the  thirteen  original  States 
were  arranged  in  the  form  of  an  arch,  each  State  forming  a  block, 
Pennsylvania  would,  from  its  geographical  position,  form  the 


24  A  UISTOUY  OF  THE  ORIGIN  OF 

key -stone, — six  of  the  States  lying  north  and  east  of  it,  namely, 
New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut, 
New  York,  and  New  Jersey;  and  six  south  and  west  of  it, 
namely,  Delaware,  Maryland,  Virginia,  North  Carolina,  South 
Carolina,  and  Georgia.  D.  W." 

I  have  given  the  foregoing  extracts  a  place  in  this  article, 
that  the  reader  may  see,  what  perhaps  the  editor  of  the  Phil- 
adelphia Telegraph  and  some  of  his  copyists  knew  not,  that 
however  erroneous  the  statement  I  gave  in  the  Gleaner  may 
have  seemed  to  them,  I  had  authority  for  my  statement  never 
before  to  my  knowledge  questioned,  and  surely  not  now 
weakened  by  the  attempted  ridicule  of  the  Philadelphia 
editor,  or  the  fanciful  conclusions  he  draws  from  his  own 
misstatements.  Does  the  editor  of  the  Philadelphia  Telegraph 
believe,  does  my  friend  of  the  Bradford  Reporter  who  copies 
and  endorses  his  misstatements  of  well-known  history  believe, 
and  do  they  imagine  their  intelligent  readers  will  believe, 
the  statement  purporting  to  be  drawn  from  Sanderson's 
"  Lives  of  the  Signers"  to  be  correct  ?  This  editorial  statement 
is,  that  when  the  deciding  vote  on  the  Declaration  of  Inde- 
pendence was  taken  by  the  delegations  of  the  thirteen  colonies, 
(in  1776,)  "six  of  them  voted  in  favor  and  six  against  the 
measure." 

I  have  not  a  copy  of  Sanderson's  "  Lives  of  the  Signers" 
before  me,  but  have  grave  doubts  whether  he,  or  any  Ameri- 
can historic  writer  of  pretended  accuracy,  has  ever  stated 
that  the  colonies,  or  the  delegates  from  them,  were  equally 
divided  on  the  question  or  vote,  and  that  six  (as  the  editor 
states)  voted  in  favor  and  six  against  the  measure! 

If  the  reader  will  consult  any  respectable  history  which 
gives  the  proceedings  of  the  Congress  of  1776,  he  will  find 
that  a  Declaration  of  Independence  of  the  colonies  was  dis- 
cussed from  time  to  time  in  that  body,  from  the  sixth  of 
Juue,  when  liichard  Henry  Lee,  of  Virginia,  first  formally 
proposed  it,  until  its  final  consummation  by  the  unanimous 


THE  APPELLATION  KEYSTONE  STATE.  25 

vote  of  the  colonies  through  their  delegations  on  the  fourtli 
of  July.  The  draft  of  the  public  Declaration,  which  had  iu 
the  meantime  been  prepared  by  a  special  committee,  was 
duly  considered  in  a  committee  of  the  whole  on  the  first  of 
July,  when,  after  some  verbal  amendments,  nine  of  the  colo- 
nies through  their  delegations  in  that  body  voted  for  inde- 
pendence. The  delegates  from  nearly  all  the  colonies  were 
acting  in  the  matter  under  express  instructions  given  them 
by  the  authorities  of  the  colonies  they  represented.  The 
colonial  Assemblies  of  Pennsylvania  and  Maryland  had  both 
instructed  their  delegates  to  vote  against  the  measure ;  and 
accordingly  the  votes  of  those  States  were  in  the  committee 
on  tlie  first  of  July  cast  in  the  negative.  It  was  highly 
desirable  that  the  Declaration  should  be  the  unanimous  act 
of  all  the  colonies.  The  friends  of  the  Declaration,  therefore, 
took  active  measures  in  those  States  to  have  the  specific 
instructions  rescinded,  in  which  they  succeeded  before  the 
fourth,  on  which  the  final  vote  was  taken,  and  each  of  these 
colonies,  Pennsylvania  by  a  majority  and  Maryland  by  all 
her  delegates,  gave  their  colonial  assent  to  the  renowned 
Declaration  of  Independence  on  the  fourth  of  July,  1776. 

Of  the  delegates  from  Pennsylvania  but  five  were  present 
on  the  fourth  of  July  when  the  final  vote  was  taken,  namely : 
Benjamin  Franklin,  James  Wilson,  and  John  Morton,  who 
voted  for  the  Declaration,  and  Thomas  Willing  and  Charles 
Humphrey,  who  both  voted  against  it.  Pennsylvania  had 
also  other  delegates,  who  were  absent.  History  records  that 
of  the  delegates  present  from  Pennsylvania,  Mr.  Morton 
gave  the  casting  vote,  thei-eby  committing  this  State  iu  the 
afiirmative  of  the  question.  A  fact  coincident  to  this  also 
occurred  in  taking  on  that  occasion  the  vote  of  the  Delaware 
delegation.  This  consisted  of  Csesar  Rodney,  George  Read, 
and  Thomas  McKean.  During  the  closing  discussions  on 
the  Declaration,  Mr.  Rodney,  who  w^as  in  favor  of  it,  was 
absent  on  important  duties  in  the  lower  part  of  the  State; 


26  A  nrsTonr  of  the  origin  of 

while  Mr.  Read  and  Mr.  McKean,  who  were  present,  were 
known  to  be  divided  on  the  question.  The  importance  of  an 
entire  unanimity  of  the  colonies  in  this  congressional  action 
was  such  that  Mr.  McKeau  sent  a  special  messenger  eighty 
miles  for  Mr.  Ivodney,  who  reached  Philadelphia  just  in  time 
to  vote,  thereby,  by  his  casting  vote  in  the  delegation  from 
Delaware,  succeeding,  equally  with  Mr.  Morton  in  the  case  of 
Pennsylvania,  in  securing  the  entire  unanimity  of  the  colonies 
for  the  Declaration.  The  desire  for  an  entire  unanimity  in 
the  action  of  the  thirteen  colonies  through  their  delegates 
had  been  such,  that  it  is  asserted  by  a  distinguished  historian 
of  i\Iaryland,  that  the  taking  of  the  final  vote  in  Congress 
had  been  postponed  until  the  fourth  of  July,  to  give  the 
delegates  from  that  colony  time  to  procure  tlie  rescinding  of 
their  former  instructions  to  oppose  a  vote  for  independence. 
This  being  done  by  the  convention  in  Annapolis  on  the 
twenty-eighth  of  June,  Mr.  Chase  hastened  from  there  with 
all  speed,  and  arrived  in  Philadelphia,  like  Mr.  Rodney  of 
Delaware,  just  in  time  to  give,  with  his  colleagues  from 
Maryland,  the  vote  of  that  colony  for  the  Declaration. 

I  have  thus  given  from  accredited  historical  sources  such 
leading  fact^  as  clearly  show  the  mi-iupprehenaion  (to  call  it 
by  no  harsher  name)  of  the  editor  of  the  Philadelphia  Tele- 
graph in  relation  to  the  taking  of  the  final  vote  oti  the 
Declaration  of  Inde])cndence  on  the  fourth  of  July,  1770. 
There  is  not  a  shadow  of  historic  evidence  that  can  be  given 
that  the  colonies  in  the  taking  of  the  vote  "were  equally 
divided"  as  he  states,  nor  was  any  significance  given,  by 
those  contemporary  with  those  events,  to  the  vote  of  John 
Morton  of  Pennsylvania  above  that  of  Ccesar  Rodney  of 
Delaware.  Each  stands  recorded  as  the  casting  vote  in  their 
respective  colonial  delegations,  whereby  the  unanimous  vote 
of  the  t'lirdcn  colonies  was  secured. 

After  showing  the  misstatements  of  the  Philadelphia 
editor  iu  relation  tu  history,  I  \n)\\  ask  the  reader  calmly  to 


THE  A  PPELLA  TION  KEYSTONE  ST  A  TE.  27 

judge  and  say  for  himself,  whetlier  tlicre  is  an  item  of  proof 
given  him,  or  the  sluidow  of  a  reason  to  be  found  in  his 
statement,  beyond  his  own  assertion  wliieh  he  attempts  to 
base  on  errors,  to  sliow  that  the  vote  of  John  Morton  liad 
anything  to  do  with  the  appellation  of  "Keystone"  to  the  State 
of  Pennsylvania.  If  he  will  show  by  any  historic  evidence, 
that  the  appellation  was  ever  used  previous  to  the  engraving 
of  the  initials  of  Pennsylvania  on  the  key-stone  of  the  arch 
of  the  bridge  over  Rock  Creek  (and  this  fact  he  admits),  or 
even  long  after  that,  in  connection  with  Mr.  Morton's  vote 
on  the  Declaration,  I  will  gravely  consider  whether  I  have 
not  been  believing  and  spreading  a  positive  error. 

But  there  is  another  view  of  this  question  which  should  be 
taken  to  avoid  all  misapprehension  of  this  use  of  the  terra 
Keystone  as  applied  to  our  State.  The  key-stone  is  well  known 
as  the  most  important  member  in  the  construction  of  an  arch. 
Did  its  appellation  to  our  State  imply  any  pre-emiuence 
above  her  sister  States  of  the  original  thirteen  ?  I  think  not. 
The  most  rational  view  of  it,  I  think,  is  taken  in  the  com- 
munication of  "  D.  W."  to  the  "  Historical  Magazine,"  in  the 
April  number  of  1862,  which  is  given  in  a  preceding  column 
of  this  article ;  that,  from  the  "  geographical  position  "  of 
Pennsylvania,  and  the  method  of  enumerating  the  names  of 
the  thirteen  original  States  which  has  ever  been  used,  an 
arch  composed  of  thirteen  segments  to  represent  them  w^ould 
bring  the  seventh,  re2:)resenting  Pennsylvania,  into  the  true 
position  of  'the  key-stone.  Was  not  this  therefore  the  true 
reason  why  the  key-stone  of  the  arch  of  the  bridge  over  Rock 
Creek  bore  the  initials  of  the  name  of  Pennsylvania  rather 
than  that  of  any  other  State,  instead  of  its  being,  as  the 
Philadelphia  editor  states,  "  the  device  of  the  architect  taken 
fi'om  a  historic  incident  of  very  great  importance,"  which  he 
proceeds  to  tell  us  was  the  Morton  vote  cast  for  the  Decla- 
ration of  Independence,  and  that,  "  from  that  circumstance, 
she  received  the  name  of  the  '  Kevstone  State,' —  the  thir- 


28  A  HISTORY  OF  THE  ORIGIN  OF 

teentli  State,  —  the  block  of  the  arcli  ?  "  When  and  where, 
we  ask  again,  had  it  before  been  applied  to  her?  Had  she 
then  an  acknowledged  pre-eminence  above  her  sister  States, 
that  entitled  her  to  wear  such  a  crown,  except  as  the  acci- 
dental occupancy  of  a  central  geographical  position  ?  Much 
as  I  honor  my  own  State,  I  would  not  remove  a  landmark 
of  our  country's  history,  or  sacrifice  truth  on  the  altar  of 
expediency ;  and  he  who  will  do  it  is  one  "  who  maketh  and 
loveth  a  lie." 

A  careful  examination  by  the  student  of  American  his- 
tory will,  I  think,  satisfy  him  that  the  "  Keystone,"  in  its 
appellation  to  our  State,  is  but  a  component  part  of  one  of 
those  symbolic  representations  devised  and  designed  al)()ut 
the  close  of  the  last  century  to  express  the  federal  union 
of  them  all.  Symbols,  emblems,  and  allegorical  representa- 
tions have  in  all  ages  been  a  favorite  method  of  expressing 
events,  ideas,  or  principles  of  great  national  interests ;  and 
Dr.  Franklin,  who  was  one  of  the  masters  of  this  art,  thus 
devised  the  figure  of  a  snake  severed  into  thirteen  ])arts, 
with  the  initials  of  one  of  the  colonies  on  eacii,  witli  the 
inc^tto,  "Join  or  die,"  beneath  it,  and  ])lac('d  it  at  the  head 
of  the  newspaper  he  published  in  I'hiladelphia  before  the 
llevolution. 

This  was  the  first  American  symbol  expressive  of  a  union 
which  he  had  the  sagacity  to  see  was  a  political  necessity. 
It  was  also  the  antitype  of  all  subsequent  devices  that  have 
been  used  to  symbolize  our  American  republic.  It  was  the 
father  of  our  Federal  motto,  "  E  Pluribus  Unum." 

When  the  war  of  the  Revolution  had  commenced,  Frank- 
lin's device  of  a  disjointed  snake,  as  a  newspaper  head,  was 
changed  to  tliat  of  a  figure  of  a  rattlesnake  with  thirteen  rat- 
tles, and  coiled  to  strike,  with  the  motto  under  it,  "Don't 
tread  on  me,"  and  was  thus  used  on  some  of  the  flags  of  the 
provincial  troops. 

The  great  idea  embodied  in  thus  symbolizing  the  union 


THE  APPELLA  TION  KEYSTONE  ST  A  TE.  29 

of  the  colonics,  was  in  unison  witli  the  popuhir  sentiment  of 
America  at  that  period.  It  spoke  a  language  which  all 
understood,  and  expressed  a  necessity  which  all  true  patriots 
felt  —  a  Federal  union  for  strength,  in  which  the  individu- 
ality of  the  component  parts  might  be  preserved. 

From  the  Sunday  Morning,  of  Philadelphia,  of  Sept.  11, 1870. 

THE  KEYSTONE  STATE :  WHY  PENNSYLVANIA 
IS  SO  CALLED. 

In  the  "Historical  Magazine"  for  1857,  page  279,  AV.  D. 
inquires  whether  any  one  can  give  authentic  information 
Avho  it  was  that,  first  used  the  phrase  "  The  Keystone  of  the 
Federal  Arch  "  as  applied  to  the  State  of  Pennsylvania,  the 
occasion  or  place  where,  and  the  time  when  it  was  so  applied. 

In  the  October  number  of  the  same  magazine,  (Vol.  V.,  No. 
10,  page  316,)  the  question  was  again  asked  by  J.  S.  F.,  of 
AVest  Chester,  Pennsylvania,  and  elicited  a  reply  from  S. 
Hayden,  the  historical  (?)  writer  in  the  Athens  Gleaner  of 
Athens,  Bradford  County,  Pa.  'The  article  appeared  May 
12th  of  this  year,  and  gives  as  the  reason  Avhy  Pennsylvania 
was  called  the  "  Keystone  of  the  Federal  Arch  "  as  follows : 

That  some  time  about  the  ending  of  the  last  or  the  beginning 
of  this  century,  a  bridge  was  built  across  Rock  Creek ;  that  Rock 
Creek  was  a  stream  flowing  between  the  cities  of  Washington  and 
Georgetown  ;  that  the  said  bridge  was  built  out  of  the  refuse  of 
the  material  used  in  the  erection  of  the  "  public  buildings ; " 
that  the  arch  of  the  bridge  was  composed  of  thirteen  segments ; 
that  each  particular  segment  had  the  name  of  one  of  the  original 
thirteen  States  inscribed  thereon ;  that  by  the  merest  possible 
chance  the  French  architect,  L'Enfant,  who  constructed  said 
bridge,  placed  ihut  particular  segment  with  Pennsylcania  inscribed 
on  it  in  the  centre  of  the  arch  ;  hence  the  name  "  Keystone  State." 

So  much  of  S.  Haydeu's  story  as  relates  to  the  building 
3* 


30  A  HISTORY  OF  THE  ORKJIN  OF 

of  the  bridge  out  of  the  refuse  material  of  the  State  build- 
ings, and  of  the  thirteen  segments,  and  each  one  having 
engraved  upon  it  tlie  abbreviation  of  a  State's  name,  and  tbe 
])articular  one  in  tlie  centre  with  Pennsylvania  on  it,  we  will 
admit  to  be  true ;  but  when  S.  Ilayden,  in  his  eagerness  to 
establish  a  reputation  as  a  historian,  endeavors  to  cast  aside 
with  sacrilegious  hands  the  traditions  that  have  been  handed 
down  from  father  to  son,  and  from  generation  to  generation, 
and  boldly  asserts  that  Major  L'Enfant,  by  placing  the  par- 
ticular segment  with  Pennsylvania  inscribed  upon  it  in  the 
centre  of  the  arch  at  Kock  Creek,  gave  to  Pennsylvania  the 
appel  hit  ion  of  "  Keystone  State,"  we  must  certainly  add  that 
he  really  makes  an  unwamudcd  assumption. 

Major  L'l'jnfant,  in  jjlacing  the  segment  with  Pennsylvania 
inserted  on  it  as  the  key-stone  of  the  arch  at  Rock  Creek, 
was  merely  symbolizing  what  already  existed. 

At  the  farthest,  it  is  highly  improbable  to  suppose  that 
our  forefathers  would  travel  through  two  States  to  an  nnfre- 
quanted  country  road,  in  a  sparsely  settled  district,  to  obtain 
an  appellation  for  the  glorious  State  of  Pennsylvania. 

The  May  12th  article  was  characterized  by  the  Evening 
Tdrgniph  of  our  city  as  a  "foolish  mistake  and  stupid 
error,"  in  a  short  but  elaborately  written  article.  The  Tele- 
(/raph's  article  was  copied  by  the  Uradlbrd  Bcportei',  on 
June  IGth,  and  received  the  endorsement  of  its  editor  with 
a  comment. 

The  reason  why  Pennsylvania  received  the  appellation  of 
the  "  Keystone  State,"  as  advanced  by  the  Evening  Telegraph, 
was  on  account  of  the  casting  vote  given  by  John  Morton, 
when  the  momentous  questions  involved  in  the  Declaration 
of  Independence  were  about  to  be  definitely  decided. 

On  the  14th  of  July,  the  Athens  Gleaner,  in  a  six-column 
article  by  S.  Ilayden,  ridiculed  the  idea  about  Morton's  vote, 
and  fiiniished  authorities,  etc.,  for /t<s  version  of  the  appel- 
lati<m,  viz. :   the  Kock  Creek  bridge  story. 


THE  APPELLATION  KEYSTONE  STATE.  31 

Mr.  Hayden  refers  to  General  Peter  Force,  at  one  time 
Mayor  of  the  city  of  Washington,  and  compiler  of  the 
"American  Archives,"  as  his  authority,  and  adds:  "He  (Gen- 
eral Force)  had  been  a  resident  of  Washington  almost  from 
its  infancy,  was  familiar  with  its  early  history,  and  could 
give  with  more  accuracy  the  landmarks  of  the  great  leading 
events  that  had  transpired  for  the  last  century  than  any  man 
living."  This  would  be  an  irrefragable  argument,  if  it  was 
Mr.  Hayden's  intention  to  prove  that  the  bridge  w'ith  the 
thirteen  segments  was  really  constructed,  but,  unfortunately 
for  him,  that  has  been  admitted  ;  and  it  is  here,  in  giving 
proofs  of  his  incontestable  authority,  that  Mr.  Hayden  blun- 
ders. The  "  eminent  compiler  "  may,  and  in  all  probability 
was,  thoroughly  posted  in  the  "  early  history  of  Washington 
city,"  and  could,  no  doubt,  "  give  with  great  accuracy  the 
landmarks  of  the  leading  events,  etc. ; "  but  what  analogy 
Mr.  Hayden  can  draw  between  the  early  history  of  Wash- 
ington city,  the  leading  events  of  the  last  century,  and  the 
appellation  of  Pennsylvania,  it  is  impossible  for  us  to  con- 
ceive. Consequently,  there  is  no  occasion  for  the  remark 
that  General  Force  was  included  in  the  TelegrapK s  denuncia- 
tion of  "  foolish  errors  "  and  "  stupid  blunders." 

The  appellation  given  to  a  State  as  a  "  baptismal  or  second 
name"  is  not  a  "leading  event,"  although  a  "leading  event" 
in  the  history  of  a  State  might  give  her  an  appellation ;  but 
surely  no  one  will  be  so  foolhardy  as  to  suppose  that  the 
building  of  Rock  Creek  bridge  was  a  "  leading  "  event  in 
the  history  of  Pennsylvania. 

D.  W.,  of  Philadelphia,  in  answering  the  same  query  in 
the  April  number,  1862,  of  the  "  Historical  Magazine,"  (Vol. 
VI.,  No.  4,  page  131,)  ascribes  the  reason  why  Pennsylvania 
received  her  appellation  to  her  geographical  position  —  six 
of  the  "  original  thirteen  "  lying  north  and  east,  viz..  New 
Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  and  New  Jersey,  and  six  south  and  west,  viz.,  Dela- 


32  A  HISTORY  OF  THE  ORIGIN  OF 

ware,  Maryland,  Virginia,  North  Carolina,  South  Carolina, 
and  Georgia. 

^lajor  L'Enfant,  the  Frencli  architect,  may  have  taken 
this  view  of  the  matter  in  constructing  the  bridge  at  Rock 
Ci'eek,  and  placed  Pennsylvania  in  the  centre  of  the  bridge 
because  her  geographical  position  was  in  the  centre. 

It  seems,  by  the  lengthy  arguments  introduced  concerning 
committees  on  seals  and  other  symbolisms  of  Federal  unity, 
to  be  Mr.  Hay  den's  purpose  to  lead  his  readers  away  from 
the  main  cjuestion  at  issue  ;  and,  in  the  simplicity  of  his 
nature,  he  wonders  how  it  was  that  Pennsylvania  was  not 
made  the  key-stone  of  the  Federal  flug,  or  the  key-stone  of 
the  thirteen  stars  and  thirteen  arrows  that  symbolized  the 
Federal  Union.  "  For,"  says  he,  "  they  are  distinct  and  ex- 
pressive in  their  character,  but  fail  to  recognize  a  pre-emi- 
nence in  Pennsylvania."  He  further  remarks  that  Pennsyl- 
vania is  not  tlie  thirteenth  State,  but  the  seventh  State  of  tlie 
original  thirteen.  Here,  it  will  be  perceived,  he  adopts  the 
views  of  D.  W.,  of  Phihxdelphia,  and  gives  her  the  centre. 

It  is  my  intention  to  prove  to  him  that  Pennsylvania  is, 
figuratively  speaking,  the  thirteenth  State,  and  that  she  is 
so  by  John  Morton's  vote  on  the  fourth  of  July,  1776. 

On  voting  for  the  famous  Declaration,  Pennsylvania  was 
the  last  State  to  vote.  Cresar  Rodney  liad  travelled  eighty 
miles  from  his  home  in  Delaware,  and,  in  conjunction  with 
Tli(jnias  McKean,  had  secured  that  State  for  the  Declara- 
tion. JNIr.  John  Morton  had  been  summoned  outside  of  the 
Hall  of  Independence,  when  the  momentous  question  was 
pending.  Numerous  of  his  friends  begged  him  to  vote 
against  the  measure,  for  fear  of  disastrous  results,  and  the 
ignominy  which  must  inevitably  attend  ill  success;  but  their 
arguments  and  entreaties  did  not  avail,  and  with  that  de- 
termination and  force  of  character  which  had  always  dis- 
tinguislied  him  he  stepped  inside  and  cast  the  final  VOTE, 
which  decided  the  Declaration  of  Independence. 


THE  A  rPELLA  TION  KEYSTONE  STA  TE.  33 

Tn  Sanderson's  "  Biographies  of  the  Signers  "  (Vol.  VI.,  page 
218),  and  Judge  Conrad's  revised  edition  of  the  same  work 
(Vol.  I.,  page  451),  a  commentary  upon  this  same  subject 
will  be  found.     The  biographer  justly  says: 

No  wonder,  then,  that  Mr.  Morton  experienced  the  most 
intense  anxiety  of  mind  when  he  was  required  to  give  tlie  cast- 
ing vote  of  the  Pennsylvania  delegation,  A  vote  which  would 

KITHER  DESTROY  OR  COXFIRM  THE  UNANIMITY  OF  THE  DECLA- 
RATION OF  Independence. 

Here,  beyond  the  shadow  of  a  doubt,  is  positive  evidence 
that  it  rested  solely  and  alone  with  John  Morton,  whether  the 
Declaration  of  Independence  should  be  unanimous  or  not. 

On  page  219,  Sanderson  further  says:  "  JEverytJiing  rested 
upon  the  determination  of  Mr.  Morton."  After  dwelling 
awhile  upon  the  pernicious  consequences  which  Avould  have 
attended  a  vote  in  the  negative,  Mr.  Sanderson  truly  states 
"that  his  great  anxiety  of  mind  for  fear  of  disastrous  results 
hastened  his  dissolution." 

The  British  victories  in  the  earliest  battles  of  the  Revolu- 
tion caused  this  anxiety.  His  friends,  who  had  urged  him 
to  vote  against  the  measure,  pointed  him  out  as  the  cause  of 
all  their  troubles  ;  and  although  conscious  that  he  had  per- 
formed an  act  which  would  commend  him  to  posterity, 
whether  the  Revolution  succeeded  or  not,  still,  extreme  sensi- 
tiveness and  an  overtasked  mind  superinduced  a  fever,  and 
he  departed  to  that  "  bourne  whence  no  traveller  returns," 
in  April,  1777.  Even  on  his  dying  bed,  when  the  censure 
of  his  friends  for  his  boldness  in  giving  the  deciding  vote  on 
American  independence  was  strongly  present  in  his  mind, 
his  words  to  them  were  remarkably  prophetic,  and  add  to 
the  truthful  character  of  our  story.  Said  he  :  "  Tell  them 
that  they  will  live  to  see  the  hour  when  they  shall  acknowl- 
edge it  to  have  been  the  most  glorious  service  that  I  ever 
rendered  my  country." 

C 


34  A  HISTORY  OF  THE  ORIGIN  OF 

Thus  it  will  be  seen  that  IViiiisylvuiiia  was  the  thirteenth 
State, —  the  block  of  the  arch, —  and  that  it  was  due  to  John 
IMorton's  vote  on  the  fourth  of  July,  1776. 

This  is  a  "  leading  event "  in  the  history  of  Pennsj'lvania, 
and  she  is  entitled  to  pre-eminence  among  her  sister  States, 
because  circumstances  made  it  depend  upon  her  representa- 
tive to  cast  the  vote  which  decided  whether  there  should  be 
unanimity  or  not. 

If  Mr.  Hayden  wants  further  proof,  we  will  refer  him  to 
the  old  Episcopal  church-yard  in  Chester,  Pennsylvania,  to 
the  tomb  of  Jolm  Morton,  and  the  epitaph  thereon :  "  In 
voting  by  States  upou  the  question  of  American  indepen- 
dence, there  was  a  tie  until  the  vote  of  Pennsylvania  was 
given,  two  members  from  which  voted  in  the  affirmative  and 
two  in  the  negative.  The  tie  continued  until  the  vote  of  the 
last  member,  John  Morton,  decided  the  promulgation  of  the 
glorious  diploma  of  American  freedom." 

No  lair  person  would  suppose  that  John  Morton's  posterity 
Would  promulgate  a  lie  to  heap  additional  honor  on  his  head. 
Thus  it  will  be  seen  that  although  he  did  not  live  long  enough 
to  reap  the  fruits  of  his  (jloriom  vote;  that  although  he  did 
not  see  the  war  clouds  break  and  leave  his  luiiive  land  free; 
still,  posterity  have  not  forgotten  him,  but  have  commemo- 
rated his  noble  sacrifice  by  calling  his  native  State  "The 
Keystone  of  the  Federal  Arch,"  the  assertions  and  asper- 
sions of  such  veracious  and  voracious  historians  as  our  friend 
in  Bradford  County  to  the  contrary  notwithstanding. 

Extract  from  an  Address  delivered  by  Joseph  Leeds,  Esq., 
before  the  Historical  Society  of  Pennsylvania,  September 
12,   1870. 

Pennsylvania  is  most  appropriately  the  "  Keystone  State." 
When  the  Declaration  of  Independence  was  being  consid- 
ered, each  State  was   by   its   delegation    in   front   of   the 


THE  ArPELLA  TION  KEYSTONE  ST  A  TE.  35 

Speaker's  chair, —  on  the  right  six,  on  the  left  six,  with  Penn- 
sylvania at  the  centre  like  a  key  stone.  The  vote  was  taken 
by  States,  and  a  majority  of  delegates  from  a  State  carried 
tliat  State ;  and  it  was  deemed  very  desirable  to  have  the 
vote  unanimous  in  adopting  the  Declaration.  On  Monday, 
July  1st,  1776,  in  committee  of  the  whole,  all  the  States, 
excepting  Pennsylvania  and  Delaware,  voted  in  the  affirma- 
tive,—  the  former  in  the  negative  4  to  3,  the  latter  a  tie  vote. 

July  2d,  Lee's  celebrated  resolution  in  favor  of  inde- 
pendence was  adopted  in  committee  of  the  whole,  according 
to  McKean. 

July  4th,  all  the  States  but  Pennsylvania  voted  in  the 
affirmative  on  the  Declaration  of  Independence,  and  so 
stood.  Pennsylvania  had  but  four  delegates  present.  Two 
voted  for  and  two  against  the  Declaration.  One  was  ex- 
pected to  come  in  who  had  been  called  out  by  friends  and 
others  to  urge  him  to  vote  in  the  negative. 

Here  was  a  momentous  pause  in  a  time  when  men's  souls 
were  tried  to  their  very  centre,  the  arch  of  union  standing 
hazardous,  with  the  key-stone  suspended  over  it  by  a  tie  vote, 
and  all  in  deep  anxiety  looking  for  the  one  Pennsylvania 
member  to  come  in  by  whose  vote  the  great  decision  would 
be  made.  That  man  was  John  Morton.  It  is  said  that  John 
Hancock,  anxious  for  his  arrival,  instead  of  declaring  the 
vote  as  it  stood,  occupied  the  time  by  speaking  until  he  saw 
him  enter  the  door.  Here  was  a  man  having  adverse  influ- 
ences, outside  and  otherwise,  urging  and  pressing  on  him 
with  almost  crushing  weight  to  vote  against  the  Declaration 
by  scores  of  friends  and  others  who  viewed  it  as  direct  rebel- 
lion to  British  rule,  and  apprehended  a  failure  that  would 
end  in  dreadful  punishment.  Yet  that  noble  patriot  and 
man,  with  love  of  country  in  his  heart  rising  above  all, 
came  in  and  took  the  responsibility  of  deciding  the  great 
question,  not  only  for  Pennsylvania,  but  as  umpire  for  the 
whole  country.     John  Morton  voted.     Simultaneously  the 


36  A  HISTOn  Y  OF  THE  OlUiUN  OF 

key-stone  was  in  its  place,  the  arcli  was  complete,  the  States 
were  unanimous,  the  grand  Declaration  sprang  into  life,  the 
fountain  of  freedom  flowed.  Independence,  Liberty,  and 
Union  were  baptized,  and  a  nation  was  boru  ! 

Well  might  the  spirit  of  the  Huguenots,  the  Pilgrims, 
Puritans,  and  Penn  have  lingered  here  to  approve,  rejoice, 
and  say,  "  Let  all  this  have  a  choice  place  in  every  Ameri- 
can heart,  to  be  seen  in  the  brightest  mirror  of  memory 
forever." 

John  Morton  placed  the  key-stone  in  the  arch  of  patriot- 
ism. He  lived  eight  months  afterwards.  Before  leaving  the 
world,  he  said,  "  Tell  my  friends  and  others  who  censured 
me  for  ray  vote,  that  they  will  live  to  see  the  hour  when  they 
shall  acknowledge  it  to  have  been  the  most  glorious  service 
I  ever  rendered  to  my  country."  His  vote  proved  a  victory ; 
his  last  words  a  reality.  If  the  work  here  proposed  should 
be  done,  let  some  part  of  it  honor  the  memory  of  John 
Morton. 

From  the  Delaware  County  Democrat  of  September  14,  1S70. 

JOHN  MORTON,  SIGNER  OF  THE  DECLARATION 
OF  INDEPENDENCE. 

The  great  and  patriotic  man,  John  Morton,  one  of  the 
signers  of  the  Declaration  of  Independence,  was  born  in 
Ridley  Townsliip,  Delaware  County,  Pa.,  1724.  Part  of  the 
w'alls  of  the  house  iu  which  he  was  born  and  died  yet  stand, 
having  been  substantially  built  up  and  around.  The  stone 
in  the  old  gable  end,  bearing  the  name  of  John  Morton  and 
wife,  still  remains,  and  can  be  seen  and  read.  Tliis  relic  of 
olili'H  times  is  owned  by  Cliailes  Home.  John  jNIorton  was 
a  great-grandfather  of  Hon.  Sketchley  IMorton,  of  Morton, 
Springfield  Town.^hip,  Delaware  County.     The  desceudants 


THE  AFPELLATION  KEYSTONE  STATE.  37 

of  the  old  patriot  down  to  and  including  tlie  present  gen- 
eration, are  highly  respectable  people,  a  number  of  whom, 
we  are  proud  to  say,  live  in  our  county. 

lu  the  old  Episcopal  church-yard  in  Chester  lie  the 
remains  of  Judge  Morton,  and  upon  his  tomb  is  the  follow- 
ing inscription : 

Dedicated  to  the  memory  of  Jolin  Morton,  a  member  of  the 
first  American  Congress,  from  the  State  of  Pennsylvania,  assem- 
bled in  New  York,  1765,  and  of  the  next  Congress,  assembled  in 
Philadelphia  in  1774,  and  various  other  public  stations.  Born 
A.  D.  1724 ;  died  April,  1777. 

This  monument  was  erected  by  a  portion  of  his  relations,  Octo- 
ber 9,  1845.  In  1775,  while  Speaker  of  the  Assembly  of  Penn- 
sylvania, John  Morton  was  re-elected  a  member  of  Congress;  and 
in  the  ever  memorable  session  of  July,  1776,  he  attended  that 
august  body  for  the  last  time,  enshrining  his  name  in  the  grate- 
ful remembrance  of  the  American  people  by  signing  the  Declara- 
tion of  Independence.  In  voting  by  States  upon  the  question  of 
the  independence  of  the  American  colonies,  there  was  a  tie  until 
the  vote  of  Pennsylvania  was  given,  —  two  members  from  which 
voted  in  the  atfirmative  and  two  in  tlie  negative.  The  tie  con- 
tinued until  tlie  vote  of  the  last  member,  John  Morton,  decided 
the  promulgation  of  the  glorious  diploma  of  American  freedom. 

John  Morton  being  censured  by  some  of  his  friends  for  his 
boldness  in  giving  his  casting  vote  for  the  Declaration  of  Inde- 
pendence, his  prophetic  spirit  dictated  from  his  death-bed  the 
following  message  to  them  :  "  Tell  them  they  will  live  to  see  the 
hour  when  they  shall  acknowledge  it  to  be  the  most  glorious 
service  that  ever  I  rendered  my  country." 

This  monument  was  erected  by  his  near  relatives,  some  of 
whom  were  living  when  he  died.  No  one  will  deny  that 
this  inscription  expresses  the  traditions  of  our  Revolutionary 
period  as  handed  down  to  them  by  him.  The  men  who 
signed  the  Declaration  of  Independence  rendered  them- 
selves liable  to  death  in  case  of  failure,  and  their  dangerous 
situation  naturally  led  to  family  conversations  relating  to 
4 


38  A  UISTORY  OF  THE  ORIGIN  OF 

the  subject,  so  that  this  record  has  really  the  force  of  written 
testiinouy. 

It  is  well  kuowii  that  there  was  a  great  diversity  of  opinion 
among  the  people  in  regard  to  the  Declaration,  and  the 
probability  is  that  the  vote  occurred  as  stated  on  Judge 
Morton's  monument,  and  was  made  unanimous  after  the 
question  had  been  decided  by  the  majority,  —  a  very  com- 
mon practice  among  deliberative  bodies  when  unanimity  is 
essential  to  success.  The  fact  that  Judge  Morton  was  cen- 
sured for  his  vote  by  the  enemies  of  the  Declaration  would, 
and  doubtless  did,  impress  the  friends  of  the  Union  more 
fully  with  the  idea  that  Pennsylvania  occupied  the  key-stone 
position. 

Sanderson's  "  Lives  of  the  Signers,"  published  in  1823, 
(Vol.  VI.,  page  210,)  says:  "No  wonder,  then,  that  Mr.  Mor- 
ton experienced  the  most  intense  anxiety  of  mind  when  he 
was  required  to  give  the  casting  vote  of  the  Pennsylvania  dele- 
gation—  a  vote  which  would  either  confirm  or  destroy  the 
unanimity  of  the  Declaration  of  Independence."  Lieber's 
"  Encyclopjudia  Americana,"  published  in  1832,  (Vol.  IX., 
page  57,)  says:  "Mr.  Morton  gave  the  casting  vote  of  Penn- 
sylvania in  favor  of  independence,"  and  characterizes  it  as 
"  an  act  of  signal  intrepidity."  Lossiug's  "  Lives  of  the 
Signers,"  published  in  1848,  says :  "  Mr.  Morton  was  called 
on  otiicially  to  give  the  casting  vote  of  Pennsylvania  ;  that 
it  was  a  solemn  responsibility  thrown  on  him;  it  was  lor  liiiii 
to  decide  whether  there  should  be  a  unanimous  vote  of  the 
colonies  for  independence ;  but  he  lirmly  jnet  the  responsi- 
bility and  voted  'yes,'  and  from  that  moment  the  united 
colonies  were  declared  independent  States." 

What  a  halo  of  glory  siiines  around  the  memory  of  thi;i 
wonderful  man.  He  held  in  his  hand  the  destiny  of  this 
nation  ;  it  was  for  him  to  say  whether  the  comparatively 
weak  and  down-trodden  colonies  should  fight  for  liberty,  or 
submit  to  tyranny  and   (ippressiDii  ;  praise  be  to  his  name. 


THE  APPELLATION  KEYSTONE  STATE.  39 

Amid  cheers  and  hisses  he  gave  the  casting  vote  for  Inde- 
pendence and  Freedom.  The  great  Republic  of  the  United 
States  is  the  result  of  that  grand  act  of  Delaware  County's 
son.  A  high,  rich,  and  lasting  monument  should  be  erected 
to  the  memory  of  John  Morton, 


From  The  Keystone,  of  Philadelphia,  of  Sept.  24,  1870. 

THE  KEYSTONE  STATE. 

We  lately  printed  in  The  Keystone  an  article  from 
the  Athens  Gleaner,  upon  the  claim  of  Pennsylvania's  title 
to  the  name  of  "  Keystone  State."  We  quoted  it  as  a  matter 
of  curious  information  ;  but  we  have  since  learned,  from  the 
Philadelphia  Evening  Telegraph,  of  Sept.  3,  1870,  the  fal- 
lacy of  the  Athens  story,  and  we  take  pleasure  in  giving  the 
correct  version,  which  is  as  follows : 

We  had  intended  some  time  ago  to  pay  our  respects  to  the 
author  of  the  "  Rock  Creek  Bridge  Story,"  published  in  the 
Athens  Gleaner,  concerning  the  origin  of  Pennsylvania's 
title  to  the  name  of  "  Keystone  State ;  "  but  the  conviction 
that  very  few  persons  would  attach  any  importance  to  the 
story,  led  us  to  ])ostpone  our  reply  to  a  convenient  season. 
His  »e\'en  columns  of  labored  argument,  so  far  fro)n  proving 
that  Pennsylvania  received  the  title  of  the  "Keystone  State" 
from  the  symbolical  letters  on  the  key-stone  of  the  thirteen 
blocks  comprising  the  arch  of  the  bridge  over  Rock  Creek, 
ill  the  District  of  Columbia,  show  that  she  already  had  that 
title,  and  that  the  individual  who  constructed  the  bridge  saw 
in  the  exact  number  of  blocks  comprising  the  arch  a  fitting 
opportunity  to  symbolize  the  idea.  His  argument  to  prove 
that  Pennsylvania  was  not  recognized  as  the  "  Keystone"  in 
our  national  symbols,  has  no  bearing  whatever  on  the  ques- 
tion, for  the  reason  that  these  symbols  were  designed  to  rejjre- 


40  A  HISTORY  OF  THE  ORIGIN  OF 

scut  uniou  and  equality,  and  any  reference  to  the  sujierior 
condition  of  any  State  would  have  been  inappropriate. 

Another  mistake  of  the  writer  is  in  supposing  the  name 
"  Keystone  "  to  be  a  Federal  symbol.  Such  is  not  the  case. 
Pennsylvania  claims  for  herself  the  title  of  "Keystone" 
precisely  as  Massachusetts  claims  to  be  called  the  "  Bay 
State,"  and  New  Hampshire  the  "  Granite  State,"  because 
of  some  distinctive  peculiarity  belonging  to  themselves  ex- 
clusively. 

Long  before  our  Revolutionary  era,  the  arch  and  its  key- 
stone were  symbols  of  union  and  strength.  Hence  the  idea 
fastened  itself  upon  the  minds  of  Pennsylvanians  that  our 
State  occupied  the  position  of  the  key-stone  to  tlie  Union. 
There  are  many  incidents  in  our  history  well  calculated  to 
develop  this  idea.  At  the  time  of  the  adoption  of  the  Decla- 
ration of  Independence,  Pennsylvania  was  the  dividing  State 
between  North  and  South,  there  being  six  on  each  side  of  her. 

In  the  Congress  of  Independence  the  rejiresentatives  of 
the  colonies  sat  in  a  semicircle  around  the  Speaker's  chair, 
Pennsylvania  occupying  the  centre  of  the  arch.  She  was  also 
the  last,  or  thirteenth,  State  to  vote  for  the  Declaration,  and 
thus  resembled  the  key-stone  of  an  arch,  which  is  always  in- 
serted last,  and  without  which  the  arch  could  not  stand. 
These  w-ell-known  facts  undoubtedly  presented  themselves  to 
the  minds  of  many,  and  the  title  of  "Keystone"  gradually 
worked  its  way  among  the  people,  until  it  finalFy  became  an 
acknowledged  title  by  every  one.  The  builder  of  tl>e  Kock 
Creek  bridge  no  doubt  heard  this  oft-repeated  expression,  and 
very  appropriately  symbolized  it  upon  the  bridge  he  was 
building.  The  fitness  of  the  expression  has  been  recognized, 
by  thousands  of  public  speakers  in  all  parts  of  the  State,  for 
over  half  a  century,  not  one  of  whom  probably  ever  heard 
of  Rock  Creek  bridge,  with  its  historical  claims  of  less  than 
twenty  years'  standing.  Aside  Irom  the  historical  facts  we 
liave  given  in  regard  to  the  geographical  position  of  the 
State,  and   the  position  of  its  rei)resentatives  in  the  lievolu- 


THE  APPELLA  TION  KEYSTONE  ST  A  TE.  4 1 

tionary  Congress,  weliavc  traditional  testimony  wliicli  helped 
to  create  a  spontaneous  sentiment  in  the  midst  of  her  peo])le 
that  she  was  in  a  still  higher  sense  the  key-stone  of  the  arch. 
In  the  old  Episcopal  church-yard  in  Chester,  Pennsylvania, 
lie  the  remains  of  Judge  Morton,  and  upon  his  tomb  is  the 
following  inscription :  — 

Dedicated  to  the  memory  of  John  Morton,  a  member  of  the 
first  American  Congress,  from  the  State  of  Pennsylvania,  assembled 
in  New  York,  1765,  and  of  the  next  Congress,  assembled  in  Phil- 
adelphia in  1774,  and  various  other  public  stations.  Born  A.  D. 
1724;  died  April,  1777. 

This  monument  was  erected  by  a  portion  of  his  relations, 
October  9,  1845.  In  1775,  while  Speaker  of  the  Assembly 
of  Pennsylvania,  John  Morton  was  re-elected  a  member  of 
Congress,  and  in  the  ever  memorable  session  of  July,  177G, 
he  attended  that  august  body  for  the  last  time,  enshrining 
his  name  in  the  grateful  remembrance  of  the  American  peo- 
ple by  signing  the  Declai'ation  of  Independence.  In  voting 
by  States  upon  the  question  of  the  independence  of  the 
American  colonies,  there  was  a  tie  until  the  vote  of  Penn- 
sylvania was  given,  two  members  from  which  voted  in  the 
affirmative  and  two  in  the  negative.  The  tie  continued  until 
the  vote  of  the  last  member,  John  INIorton,  decided  the  pro- 
mulgation of  the  glorious  diploma  of  American  freedom. 

John  Morton  being  censured  by  some  of  his  friends  for  his 
boldness  in  giving  his  casting  vote  for  the  Declaration  of 
Independence,  his  prophetic  spirit  dictated  from  his  death- 
bed the  following  message  to  them  : 

Tell  them  that  they  will  live  to  see  the  hour  when  they  shall 
acknowledge  it  to  have  been  the  most  glorious  service  that  I  ever 
rendered  my  country. 

This  monument  was  erected  by  his  near  relatives,  some 
of  whom  were  living  when  he  died.     No  one  will  deny  that 
this  inscription  expresses  the  traditions  of  our  Revolutionary 
4* 


42  A  mSTORY  OF  THE  ORIGIN  OF 

period  as  handed  dowu  to  them  by  him.  The  men  who 
signed  the  Declaration  of  Independence  rendered  themselves 
liable  to  death  in  case  of  failure,  and  their  dangerous  ^^itua- 
tion  naturally  led  to  family  conversations  relating  to  the 
subject,  so  that  this  record  has  really  the  force  of  written 
testimony. 

It  is  well  known  that  there  was  a  great  diversity  of  opinion 
among  the  people  in  regard  to  the  Declaration,  and  the  prob- 
ability is  that  the  vote  occurred  as  stated  on  Judge  Morton's 
monument,  and  was  made  unanimous  after  the  question  had 
been  decided  by  the  majority  —  a  very  common  practice 
among  deliberative  bodies  when  unanimity  is  essential  to 
success.  The  fact  that  Judge  Morton  was  censured  for  his 
vote  by  the  enemies  of  the  Declaration  would,  and  duubtless 
did,  impress  the  friends  of  the  Union  more  fully  with  the 
idea  tliat  Pennsylvania  occui)ied  the  key-stone  position. 

Sanderson's  "  Lives  of  the  Signers,"  published  in  1823, 
(Vol.  VI.,  page  210,)  says:  "No  wonder,  then,  that  Mr. 
Morton  experienced  the  most  intense  anxiety  of  mind  when 
he  was  required  to  give  the  casting  vote  of  the  Pennsylvania 
delegation  —  a  vote  which  would  either  confirm  or  destroy 
the  unanimity  of  the  Declaration  of  Independence."  Lieber's 
"  Encyclopaedia  Americana,"  published  in  1832,  (Vol.  IX., 
page  57,)  says :  "  Mr.  Morton  gave  the  casting  vote  of 
Pennsylvania  in  favor  of  independence,"  and  characterizes 
it  as  "  an  act  of  signal  intrepidity."  Lossing's  "  Lives  of  the 
Signers,"  published  in  1848,  says:  "Mr.  Morton  was  called 
on  officially  to  give  the  casting  vote  of  Pennsylvania;  that 
it  was  a  solemn  responsibility  thrown  on  him  ;  it  was  for 
him  to  decide  whether  there  should  be  a  unanimous  vote 
of  the  colonies  for  independence;  but  he  firndy  met  the 
responsibility  and  voted  '  yes,'  and  from  that  moment  tlie 
united  colonies  were  declared  independent  States."  There 
is  much  other  authority  to  prove  that  Pennsylvania  voted 
last,   and    made    the    Declaration    unanimous.      This   fact. 


THE  ArPELLA  TION  KE  Y STONE  ST  A  TE.  43 

coupled  with  her  geographical  and  legislative  position,  could 
not  luive  failed  to  bring  to  the  miuds  of  many  the  old  idea 
of  the  unity  and  strength  of  the  arch  and  its  key-stone,  and 
cause  them,  in  the  fervor  of  patriotic  feelings,  to  claim  for 
Pennsylvania  this  proud  position.  The  events  we  have 
recited  enlisted  the  strongest  sympathies  of  the  people  at  the 
time  of  their  occurrence,  and  the  prominent  place  occupied 
by  Pennsylvania  must  have  possessed  the  minds  of  all  with 
the  appropriateness  of  the  insignia  the  moment  it  was  uttered. 
Who  first  gave  a  public  expression  to  the  idea  is  not  known. 
It  might  have  occurred  to  the  minds  of  hundreds  of  jieople 
in  every  county  of  the  State  at  the  same  time.  It  certainly 
rests  on  geographical,  historical,  and  traditional  grounds, 
and  we  therefore  think  the  antiquarian  who  still  clings  to 
the  Rock  Creek  bridge  story  deserves  to  be  elected  a  member 
of  the  celebrated  Pickwick  Club. 


From  the  Delaware  County  American  of    February  1,  1871. 
A  LEGEND  OF  THE  DECLARATION. 

BY   GEORGE   M.    VICKERS. 

Almost  a  hundred  years  have  fled 

Since  brave  Columbia  burst  the  chains 

That  tyranny  and  avarice  wed. 

Then  liberty  was  yet  a  dream  — 

A  liynm  still  sung  in  whispered  strains  — 

A  first  gray  dawn,  a  herald  beam 
Of  Freedom's  sun. 

'Twas  then  oppression's  ruthless  hand 

Was  striving  to  regain  its  prey, 
And  spread  dismay  throughout  the  land. 
Heroic  souls  at  once  convened 

To  crush  a  hated  monarch's  sway, 
Whose  dastard  rule  had  fully  weaned 
His  subjects'  love. 


44  A  inSTOR  Y  OF  THE  ORIGIN  OF 

Eacli  colony  lier  chosen  sent 
To  Pliiladclphia's  spacious  hall, 

The  people's  will  to  represent. 

Success  would  crown  them  Patriots  brave — 
One  thing  was  needful  to  them  all, 

Or  each  might  find  a  (raitor'e  grave  — 
'Twas  unanimiti/. 

The  Continental  Congress  met ; 

Each  delegate  had  said  his  say 
Save  one,  who  had  not  spoken  yet. 
"With  us  the  vote  remained  a  tie: 

Good  Pennsylvania  held  the  sway  — 
'Twas  she  who  now  must  cast  the  die, 
To  wreck  or  save. 

John  Morton 's  called  ;  all  eyes  are  strained  - 
The  Federal  Arch  is  almost  built  — 

The  arch  tliat  Freedom's  God  ordained. 

He  voted  right,  all  undismayed 

E'en  though  his  true  heart's  blood  be  spilt- 

And  thus  he  nobly,  safely  laid 
The  key-stone. 

And  so  the  mighty  deed  was  done, 
That  makes  us  what  we  are  to-day, 

15y  which  our  sovereign  right  was  won. 

John  Morton  gained  eternal  fame; 
'Twill  last  with  Independence  Day, 

And  Pennsylvania  gained  a  name  — 
The  "  Kevstone  State." 


From  the  New  York  World,  February  21,  1871. 

THE  KEYSTONE  STATE. 

It  seems  tliat  a  controversy  has  sprung  up  in  regard  to 
tlie  origin  of  this  designation  as  applied  to  the  State  of 
Peiinsylvaiiia.  In  ]\Iay  last,  a  gentleman  in  Pennsylvania, 
Mr.  S.  Ilayden,  published  a  communication  in  the  Athens 


THE  A  PPELLA TION  KB YSTONE  ST.  1 TE.  4 5 

Gleaner,  iii  which  he  assigned  the  origin  of  this  [jhruse  to 
the  fact  that  at  the  close  of  the  last  century,  while  the  pub- 
lic buildings  were  in  progress  in  Washington,  a  part  of  the 
stone  material  that  was  not  needed  or  was  rejected  was  used 
to  l)uild  a  bridge  over  Rock  Creek,  between  Washiugton 
and  Georgetown ;  that  this  bridge  had  an  arch  composed  of 
thirteen  stones,  on  the  face  of  each  of  which  the  architect 
caused  the  name  or  initials  of  one  of  the  thirteen  States  of 
the  Union  to  be  carved ;  that  as  he  commenced  in  the  usual 
order  in  Avhich  the  States  were  always  recited,  according  to 
their  geographical  positions,  the  name  of  Pennsylvania  hap- 
pened to  be  placed  on  the  key-stone,  or  middle  stone,  of  the 
arch.  Hence  sprung  a  popular  habit  in  that  locality  of 
speaking  of  Pennsylvania  as  the  "  Keystone  State."  This 
bridge,  in  the  lapse  of  time,  gave  way  to  another,  and  the 
stones  bearing  the  names  or  initials  of  the  States  disappeared. 
But  the  popular  use  of  this  phrase  continued  and  spread  all 
over  the  country.  This  account  of  its  origin  may  well  be 
received  as  correct,  since  it  had  the  sanction  of  the  late 
Colonel  Peter  Force,  of  Washington,  who  remembered  the 
bridge,  and  who  was  a  perfectly  accurate  and  trustworthy 
antiquarian.  It  was  he  who  gave  this  origin  of  the  popular 
phrase  to  Mr.  Haydeu. 

But  this  account  did  not  suit  the  dignity  of  Pennsylvania. 
The  Philadelphia  Telegraph  attacked  it  as  absurd,  and  the 
rural  papers  of  Pennsylvania  echoed  and  endorsed  the  theory 
of  the  Telegraph,  which  is  the  following:  The  existence  of 
the  bridge,  the  arch  with  its  thirteen  stones,  the  names  of 
the  thirteen  States  engraved  on  them,  one  on  each,  —  Penn- 
sylvania being  on  the  key-stone,  — are  not  denied.  But  it  is 
claimed  that  the  architect  gave  this  place  of  honor  to  Penn- 
sylvania to  commemorate  "  a  historical  incident  of  great 
importance."  This  incident,  important  enough,  if  true,  was 
the  casting  vote  given  by  the  State  of  Pennsylvania,  in  the 
Congress   of    1776,   in  favor   of   American    independence. 


46  A  HISTORY  OF  THE  ORIGIN  OF 

Considering  tlie  fact  that  the  delegation  of  Pennsylvania 
were  with  difficulty  got  to  vote  for  independence  at  all,  this 
claim  by  some  of  their  descendants,  that  she  by  her  "  casting 
vote"  decided  the  question,  is  —  modest.  Unhappily  for 
this  theory,  tliere  was  no  casting  vote  about  the  matter. 
There  was  no  tie  at  any  time,  either  when  Ricliard  Henry 
Lee's  resolution  was  passed  in  committee  of  the  whole,  or 
when  it  was  afterwards  passed  in  the  Congress.  Although 
the  journals  do  not  record  the  votes,  Mr.  Jefferson,  Avho 
could  not  be  in  error  about  a  matter  in  which  he  bore  so 
great  a  part,  and  who  wrote  his  autobiography  in  1821, 
when  he  was  no  older  than  seventy-seven,  has  left  a  circum- 
stantial account  of  the  proceedings  relating  to  independence, 
which  explodes  this  modern  Pennsylvania  claim  of  a  casting 
vote  into  utter  nonentity. 

Lee's  famous  resolution,  "  that  these  united  colonies  are, 
and  of  right  ought  to  be,  free  and  independent  States,"  etc., 
was  introduced  in  Congi'ess  on  the  7tli  of  June,  1776.  But 
its  consideration  was  postponed  until  the  1st  of  July,  to  give 
time  to  prepare  some  of  the  doubting  colonies  for  so  great  a 
step.  A  committee,  however,  was  appointed  to  pi-epare  a 
Declaration  of  Independence.  This  document  was  re})()rtcd 
by  Mr.  Jefferson  on  the  28th  of  June,  and  was  then  laid  upon 
the  table.  Lee's  resolution  was  taken  up  on  the  1st  of  July 
in  committee  of  the  whole.  It  was  debated  through  tlie 
"whole  day  in  secret  session,  John  Adams  making  for  it  that 
remarkable  speech  which  Mr.  Webster,  from  the  scanty 
material  of  a  letter  written  the  next  day  by  Mr.  Adams  to 
liis  wife,  imitated  with  so  much  power  of  thought  and  ex- 
pression that  the  supposititious  speech  passed  for  a  long  time 
as  a  report  of  the  genuine  oration.  The  vote  was  taken  at 
the  close  of  the  day,  and  Mr.  Jefferson  says  that  the  resolu- 
tion received  the  votes  of  nine  States,  namely:  New  Hamp- 
shire, Connecticut,  Mas.<achusetts,  lihode  Island,  New  Jersey, 
Maryland,  Virginia,  North  Carolina,  and  Georgia.     South 


THE  APPELLA  TION  KEYSTONE  ST  A  TE.  4  7 

Ciirolina  and  Penusylvauia  voted  against  it.  Two  only  of 
tlie  Delaware  delegation  were  present,  and,  as  they  were 
divided,  tlie  vote  of  the  State  could  not  be  cast.  The  dele- 
gation of  New  York  had  not  then  been  authorized  by  her 
convention  to  vote  upon  the  question  either  way.  When 
the  committee  of  the  whole  rose  and  reported  the  resolution 
to  the-  House,  Edward  Rutledge,  of  South  Carolina,  moved 
a  postponement  to  the  next  day  (the  2d),  in  order  to  induce 
his  colleagues  to  vote  for  it.  On  the  2d  it  was  passed  in 
Congress  by  the  votes  of  twelve  States,  made  up  to  that 
number  by  the  additional  votes  of  South  Carolina,  Penusyl- 
vauia, and  Delaware.  Mr.  Jefferson's  account  of  these  last 
two  votes  is  that  a  third  member  from  Delaware  had  come 
by  post  expressly  to  vote  for  the  resolution,  and  thus  the  vote 
of  that  State  was  cast  for  it ;  and  he  adds  that  "  members 
of  a  different  sentiment  attending  that  morning  from  Penn- 
sylvania, her  vote  was  changed,  so  that  the  whole  twelve 
colonies  who  were  authorized  to  vote  at  all  gave  their  voices 
for  it ;  and  within  a  few  days  (July  9)  the  convention  of 
New  York  aj^proved  of  it,  and  thus  supplied  the  void  oc- 
casioned by  the  withdrawing  of  her  delegates  from  the  vote." 
It  is  thus  apj^arent  that,  whether  the  vote  of  Pennsylvania 
was  changed  by  a  single  member  of  her  delegation,  or,  as 
Mr.  Jefferson  intimates,  by  more  than  one,  there  never  was  a 
moment  in  the  whole  proceeding  when  the  resolution  needed 
the  casting  vote  of  that  or  any  other  State.  If  there  is  any 
important  historical  incident  to  be  symbolized  in  the  com- 
pletion of  an  arch  through  the  addition  of  a  key-stone,  it 
would  seem  that  the  accession  of  New  York  to  the  measure 
is  that  incident.  But  we  lay  no  claim  to  this  position  for 
New  York,  because  we  are  satisfied  that  the  phrase,  "  The 
Keystone  State,"  had  its  origin  in  the  accidental  formation 
of  that  bridge  over  "  Rock  Creek  ;"  and  that  the  position  of 
Pennsylvania  as  the  key-stone  was  equally  the  fortuitous  posi- 
tion of  the  State  in  the  order  of  enumeration  common  at  that 
time,  with  six  States  on  one  side  of  it  and  six  on  the  other. 


48  A  HISTORY  OF  THE  ORIGIN  OF 

From  the  Sunday  Dispatch  of  March  2S,  1871. 

Long  John.  —  "In  what  year  was  the  term  '  Key  done' 
applied  to  Pennsylvaiila  ?  Why  was  it  ajjplied?"  Tliis  is 
a  question  nmch  easier  asked  thau  answered.  Most  obviously 
the  api)ellatiou  of  "  Keystone  "  was  applied  to  the  State  of 
Pennsylvania  in  consequence  of  its  position  among  the  States 
of  the  Union  being  half-Avay  among  the  "  old  thirteen " 
between  the  North  and  the  South,  and  the  dividing  State, 
after  the  abolition  of  slavery  in  Pennsylvania,  between  the 
free  States  and  the  slave  States,  We  do  not  know  when  the 
name  oi" Keystone"  was  first  applied  to  Pennsylvania.  We 
have  seen,  lately,  a  statement  in  a  newspaper  that  the  name 
arose  from  the  fact  that  a  bridge  near  Washington,  D.  C, 
had  its  arch  decorated  with  sculptured  stones  designated  by 
the  names  of  the  various  States,  and  that  Pennsylvania  was 
the  '^Keystone."  That  there  might  have  been  such  a  bridge, 
we  shall  not  deny.  And  if  there  was  such  an  arch,  it  would 
obviously  I'epresent  the  idea  of  the  ^^  Keystone  "  of  the  Federal 
Arch,  which,  before  that  time,  might  have  been  applied  to 
Pennsylvania.  We  have  no  belief  at  all  in  the  suggestion 
that  this  was  the  origin  of  the  application  of  the  title  of 
" Keystone  State"  to  Pennsylvania.  It  probably  illustrated 
the  application  of  a  title  then  in  use,  as  we  sometimes  see  it 
illustrated  in  engravings  now. 

From  the  Sunday  Mercury,  of  Phila.,  of  April  SO,  1871. 

THE  NEW  YOPvK  WORLD  AND  PENNSYLVANIA'S 
APPELLATION. 

The  New  York  World,  picpicd  because  Philadelphia, 
insti'ad  of  New  Y<jrk,  was  selected  as  the  site  for  the  cele- 
bration of  the  Centeimial  Anniversary  of  American  Inde- 
pendence, has  given  publicity  to  an  article  concerning  the 


THE  A  PPELLA  TION  KEYSTONE  ST  A  TE.  49 

origin  of  the  plmise  "  Keystone  State"  as  applied  to  Peiiii- 
sylvauia.  Gross  niisstateinents  of  historical  facts,  and 
})alpable  distortions  of  the  proceedings  of  the  Continental 
Congress  while  deliberating  upon  that  momentous  subject, 
form  the  general  tenor  of  it. 

In  May  last,  S.  Hayden  contributed  an  article  to  the 
Gleaner,  of  Athens,  Bradford  County,  Pennsylvania,  ascribing 
the  origin  of  the  appellation  to  the  building  of  a  bridge  over 
Rock  Creek,  between  Washington  and  Georgetown.  The 
bridge  was  built  of  the  refuse  material  used  in  the  construc- 
tion of  the  public  buildings.  The  arch  was  composed  of 
thirteen  segments,  and  the  architect  caused  to  be  inscribed 
upon  each  one  the  abbreviation  of  a  State  name  —  the  centre 
segment,  or  the  key-stone  of  the  arch,  having  Pennsylvania 
inscribed  on  it,  hence  the  term  "  Keystone  State." 

This  origin  was  attacked  by  other  Pennsylvania  news- 
papers as  "  an  absurd  and  stupid  blunder,"  and  the  right  of 
Pennsylvania  to  be  called  "  The  Keystone  of  the  Federal 
Arch  "  ascribed  to  the  casting  vote  of  John  Morton,  of  the 
Pennsylvania  delegation,  on  Richard  Henry  Lee's  famous 
resolution,  "  that  these  united  colonies  are,  and  of  right 
ought  to  be,  free  and  independent  States,"  etc. ;  and  that  the 
architect,  by  placing  the  segment  with  Pennsylvania  inscribed 
on  it  in  the  centre  of  the  arch  of  Rock  Creek  bridge,  was 
merely  symbolizing  an  important  historical  event  in  the 
history  of  Pennsylvania.  The  World  denies  that  Pennsyl- 
vania voted  last  on  the  Declaration  of  Independence,  and 
modestly  asserts,  in  contrariety  of  every  historical  account 
of  the  proceedings  of  the  Continental  Congress,  that  the  New 
York  delegation  did  not  vote  until  the  9tli  of  July,  A.  d. 
1776,  and  consequently  was  the  last  State  to  vote.  Ergo  — 
if  an  important  historical  event  was  symbolized  by  construct- 
ing the  arch  in  that  manner,  New  York,  and  not  Pennsyl- 
vania, was  entitled  to  the  position  of  honor. 

It  would  be  exceedingly  ungenerous  to  detract  one  iota 
6  D 


50  A  HISTORY  OF  THE  ORIGIN  OF 

from  the  credit  of  the  individual  members  composing  the 
delegations  of  the  colonies  who  voted  for  the  Declaration, 
and  it  is  fair  to  presume  that  many  who  opposed  it,  did  so 
on  the  ground  of  inexpediency,  and  not  for  any  love  they 
bore  the  mother  country.  Great  inventions  have  been  the 
result  of  accident  —  that  Pennsylvania  voted  last  on  the 
Declaration  of  Independence  may  have  been  the  result  of 
accident ;  be  that  as  it  may,  the  calumnious  thrusts  of  the 
World  cannot  detract  from  her  credit  any  more  than  from 
the  fame  of  the  inventor. 

To  prove  the  positions  taken,  the  following  extracts  are 
submitted  to  the  judgment  of  the  unprejudiced  reader.  In  the 
"American  Archives,"  p.  1231,  in  a  letter  to  his  wife,  dated 
July  5,  1776,  John  Adams  says :  "  Yesterday  the  greatest 
question  was  decided  that  ever  was  debated  in  America,  and 
greater  perhaps  never  was,  nor  will  be,  decided  among  men. 
A  resolution  was  passed,  without  one  dissenting  colony,  '  that 
these  united  colonies  are,  and  of  right  ought  to  be,  free  and 
independent  States.'  "  If  such  reliable  authority  as  John 
Adams  asserts  that  the  resolution  was  passed  on  the  4th  of 
July,  "  without  one  dissenting  colony,"  there  must  certainly 
be  a  stretch  of  the  imagination  on  the  part  of  the  World  to 
make  New  York  vote  on  the  9th.  Even  S.  Hayden,  the  first 
to  assign  the  origin  of  the  appellation  to  Hock  Creek  bridge, 
remarks,  in  the  Gleaner,  that  Richard  Henry  Lee  formally 
proposed  the  resolution  on  the  6th  of  June,  and  it  was  finally 
adopted  by  the  unanimous  vote  of  the  colonies,  through  their 
delegations,  on  the  4th  of  July,  1776,  and  refers  the  reader 
to  any  respectable  history  to  verify  the  assertion.  If  New 
York  withheld  her  consent  to  the  adoption  until  the  9th,  it 
could  not  liave  been  by  the  "  unanimous  vote  "  of  the  colonies  on 
the  4th.  Why  is  it,  also,  that  the  4th  of  July  is  celebrated 
as  the  anniversary  of  the  unanimous  adoption  of  the  Decla- 
ration of  Independence,  if  unanimity  was  not  secured  until 
the  9th  ?     It  cannot  be  possible  that  the  intelligent  citizens 


THE  A  PPELLA  TION  KEYSTONE  STA TE.  5 1 

of  the  United  States  have  been  five  days  too  soon  for  ninety- 
odd  years  in  celebrating  the  "  promulgation  of  the  glorious 
diploma  of  American  freedom." 

The  misapprehension  of  the  World  has  arisen  from  the  fact 
that  the  Provincial  Congress  of  the  State  of  New  York  met 
on  the  9th  of  July,  at  White  Plains,  and  confirmed  the  vote 
of  the  New  York  delegation,  in  the  Continental  Congress,  on 
the  Declaration,  as  will  be  seen  by  reference  to  Hildreth's 
"History  of  the  United  States,"  Vol.  III.,  p.  136,  or  Ban- 
croft's "  History  of  the  United  States,"  Vol.  VIII.,  p.  450. 
Twelve  of  the  thirteen  States  had  voted  in  the  affirmative, 
placing  twelve  blocks  in  the  "Arch  of  Union,"  with  Penn- 
sylvania, its  "Keystone,"  hanging  suspended  over  its  centre 
by  a  tie  vote. 

Lossing's  "Lives  of  the  Signers,"  (p.  113:)  "The  delega- 
tion from  Pennsylvania,  then  present,  were  equally  divided 
in  opinion  on  the  subject  of  independence,  and  Mr.  Morton 
was  called  on  officially  to  give  a  casting  vote  for  that  State. 
This  was  a  solemn  responsibility  thrown  on  him.  It  was  for 
him  to  decide  whether  there  should  be  a  unanimous  vote  of 
the  colonies  for  independence ;  whether  Pennsylvania  should 
form  one  of  the  American  Union.  But  he  firmly  met  the 
responsibility,  and  voted  '  yes,'  and  from  that  moment  these 
united  colonies  were  declared  independent  States."  Simul- 
taneously the  "  Keystone  "  was  in  its  place,  the  "  Arch  of 
Union  "  completed,  and  the  nation  born.  This  confirmation 
showed  that  the  people,  after  mature  deliberation,  (or,  more 
properly  speaking,  the  constituency  of  the  New  York  dele- 
gation,) had  confidence  in  the  wisdom  of  their  action ;  on 
the  other  hand,  had  there  been  no  confirmation,  the  result 
would  not  have  been  altered,  as  the  resolution  was  adopted 
unanimously  on  the  4th,  and  read  from  the  State  House 
balcony,  in  Philadelphia,  as  "  The  Unanimous  Declaration," 
etc.,  etc.,  on  the  8th.     So  much  for  the  claims  of  New  York. 

In  Sanderson's  biography  of  the  "  Signers  of  the  Declaration 


52  A  nrsTORY  of  the  origin  of 

of  Independence,"  (Vol.  VL,  p.  209,)  the  biographer,  in  speak- 
ing of  Judge  John  Morton,  says:  "No  wonder,  then,  that  Mr. 
Morton  experienced  the  most  intense  anxiety  of  niiiid  when 
he  was  required  to  give  the  casting  vote  of  tlie  Pennsylvania 
delegation — a  vote  which  would  either  confirm  or  destroy  the 
unanimity  of  the  Declaration  of  Independence."  Judge 
Conrad's  revised  edition  of  the  same  work,  Lossing's  "Lives 
of  the  Signers,"  and  Lieher's  "  Encyclopaedia  Americana," 
(Vol.  IX.,  p.  57,)  make  mention  of  the  same  fact.  It  is  very 
evident,  therefore,  that  the  other  colonies  had  favored  the 
resolution  ;  else  how  could  the  vote  of  John  jNIoi'ton  have 
confirmed  or  destroyed  its  unanimity?  What  ground,  other 
than  that  of  prejudice,  is  there  for  the  World's  assertion  that 
there  never  was  a  moment  in  the  whole  proceeding  when  a 
casting  vote  was  desired  ? 

Sanderson,  the  ablest  biographer  of  these  remarkable  men, 
in  the  same  volume,  and  on  the  same  page,  further  says : 
"  That  everything  depended  upon  Mr,  Morton,  and  the  most 
disastrous  consequences  would  have  attended  a  vote  in  the 
negative."  When  it  is  remembered  that,  of  the  five  dele- 
gates present  from  Pennsylvania,  two  had  voted  for  and  two 
against  the  adoption  —  that  the  other  States  had  voted,  and 
that  it  depended  on  John  Morton  solely  and  alone  to  confirm 
or  destroy  unanimity  —  is  it  any  wonder  the  pre-eminence 
was  awarded  Pennsylvania  by  giving  her  the  central  position 
in  tlie  symbolical  devices  of  the  day  ?  The  World  further 
says  that  "the  position  of  Pennsylvania  as  the  'Keystone' 
was  e<iually  the  fortuitous  position  of  the  State  in  the  order 
of  enumeration  common  at  that  time,  with  six  States  on 
one  side  of  it  and  six  on  the  other."  If  this  "  order  of 
enumeration"  was  common  at  that  time,  why  did  she  not 
vote  seventh  —  her  numerical  order  —  instead  of  last,  as  has 
been  fully  proven  ?  The  World  is,  no  doubt,  indebted  to  the 
Gleaner's  contributor  for  their  ideas  on  the  origin  of  our  ap- 
2)elhition,  viz.:    Uock    Creek   lu'idgc.     There   is   a  striking 


THE  APPELLA  TTON  KEYSTONE  STATE.  53 

resemblance  between  the  bridge  over  Rock  Creek  and  the 
World's  editorial  —  the  one  being  constructed  of  the  refuse 
material  of  public  buildings,  and  the  other  the  refuse  of  any- 
respectable  paper  in  Pennsylvania. 

In  Preston's  "  Leading  Spirits  of  the  Revolution,"  (Vol.  I., 
p.  131,)  the  following  extract  from  a  speech  of  John  Adams, 
referring  to  the  munificence  of  Robert  Morris,  a  Pennsyl- 
vanian,  during  the  Revolutionary  War,  will,  beyond  doubt, 
settle  the  pseudo  historian's  claim  to  the  Rock  Creek  bridge 
origin.  (This  volume  was  published  for  the  author  by 
Thomas  Dobson,  in  1795,  at  the  Stone  House,  No.  4  South 
Second  Street,  Philadelphia  —  six  years,  at  least,  before  the 
construction  of  the  Public  Buildings  and  Rock  Creek  bridge.) 
Mr.  Adams,  after  paying  a  glowing  tribute  to  Morris's  gen- 
erosity, said  that  "  my  adopted  State  (Pennsylvania)  is  doubly 
entitled  to  be  called  the  '  Keystone  of  the  Federal  Arch ' 
on  account  of  this  pecuniary  aid,  furnished  through  the  per- 
sonal sacrifices  and  untiring  efibrts  of  Robert  Morris." 
Reference  was  made  to  some  event  prior  to  the  munificence 
of  Robert  Morris,  and  what  more  appropriate  than  the  cast- 
ing vote  of  John  Morton  on  the  Declaration  of  Indepen- 
dence ?     So  much  for  Rock  Creek  bridge ! 


From  the  Sunday  Transcript,  of  Philadelphia,  of  May  7, 
1871. 

"THE  KEYSTONE  STATE." 

Apropos  of  the  recent  newspaper  controversy  concerning 
the  origin  of  the  term  "  Keystone  State,"  as  applied  to  Penn- 
sylvania, the  following  extract  will  prove  that  the  idea  of 
the  Government  architect,  L'Enfant,  in  constructing  the  arch 
of  the  bridge  at  Rock  Creek,  in  the  District  of  Columbia,  of 
thirteen  segments,  was  not  original  with  him.  Marshall's 
"  Life  of  Washington  "  (Vol.  II.,  p.  142),  referring  to  the 
5* 


54  A  HISTORY  OF  THE  ORIGIN  OF 

entry  of  General  AVasliington  into  Trenton  on  April  21st, 
1789,  says:  "On  the  bridge  over  the  creek  which  passes 
through  the  town  was  erected  a  triumphal  arch,  highly 
ornamented  Avith  laurels  and  flowers,  and  supported  by 
thirteen  pillars,  each  entwined  with  wreaths  of  evergreen." 

Regarding  the  claims  of  the  New  York  World,  that  New 
York  was  the  last  State  to  vote  on  the  Declaration  of  Inde- 
pendence, viz.,  July  9,  1776,  the  following  extract,  from 
Watson's  "  Annals  of  Philadelphia  "  (Vol.  II.,  p.  293),  suc- 
cessfully disproves  it :  "  The  Declaration  of  Independence  was 
read  in  the  State  House  yard  (Philadelphia),  from  a  small 
observator}^  there,  by  Captain  John  Hopkins,  commander  of 
a  small  brig,  part  of  his  father's  ( Ezekiel  Hopkins)  squadron 
of  three  vessels.  It  was  formally  read  at  noon,  on  July  8th, 
1776,  in  the  presence  of  many  thousand  spectators." 

It  will,  therefore,  be  conceded  that  New  York  must  have 
voted  prior  to  the  reading  of  the  unanimous  Declaration  of 
Independence. 

It  has  been  satisfactorily  proven  that  her  geographical 
position  —  a  mere  accidental  circumstance — did  not  give  her 
the  appellation.  Texas  is  called  the  "Lone  Star,"  not  from 
her  geographical,  but  from  her  former  political  isolation. 

As  Pennsylvanians,  it  should  not  be  wished  to  attribute 
the  origin  of  our  title,  as  the  "  Keystone  of  the  Federal 
Arch,"  to  any  event  which  would  not  bear  the  closest  and 
strictest  scrutiny  as  regards  historical  truth  ;  but  our  pride 
should  most  certainly  forbid  us  to  ascribe  the  origin  of  our 
glorious  appellation  to  the  construction  of  an  obscure  bridge 
in  a  then  unfrequented  part  of  the  country.  More  par- 
ticularly so  when  the  most  searching  investigations  of  his- 
torians and  antiquarians  prove  the  contrary. 

Independence  Hall  is  a  shrine  at  which  thousands  of 
American  hearts  throb  with  intensity.  Indescribable  sensa- 
tions steal  irresistibly  over  the  senses  as  we  stand  within  its 
"  halhnvc'cl  j)recincts,"  and  let  the  mind  \vaii(k'r  back  to  the 


THE  A  PrELLA  TION  KB  YSTONE  ST  A  TE.  55 

trying  times  when  tlie  "  counterfeit  presentments,"  held  sacred 
here  as  relics,  "  lived,  moved,  and  had  their  being."  These 
stern-looking  representatives  of  the  past  tell  us,  in  awful 
silence,  to  be  wary  of  the  liberties  they  bequeathed  to  us  at 
so  great  a  sacrifice.  What  tongue  can  tell,  what  pen  can  de- 
scribe, the  solemn  responsibility  that  the  promulgators  of  the 
Declaration  of  Independence  assumed  ?  For  years  they  had 
borne  with  meekness  and  fortitude  the  iron  heel  of  oppres- 
sion, and  writhed  under  the  avaricious  exactions  of  tyranny. 
The  future  destiny  of  the  country  depended  upon  the  wisdom 
of  their  actions.  The  resounding  clash  of  arms  had  already 
quickened  the  pulsations  of  the  hearts  of  the  patriots,  and 
although  they  were  in  ill  condition  to  battle  for  their  rights 
with  the  strongest  nation  on  the  globe,  they  unanimously  de- 
clared, in  their  august  convocation  on  the  4th  of  July,  1776, 
that  "  these  united  colonies  are,  and  of  right  ought  to  be, 
free  and  independent  States."  In  the  event  of  failure,  they 
were  determined  to  immolate  their  own  lives  upon  the  altar 
of  their  country  as  an  offering  to  freedom.  This  Hall  was 
the  great  battle-field  of  the  new-born  Republic.  Here  was 
given  the  incentive  to  action.  The  resolute  refusal  to  comply 
with  the  unjust  exactions  of  despotism  found  vent  here  in 
the  "  thunders  of  their  eloquence."  What  intelligent  and 
susceptible  mind  who  gazes  upon  these  sacred  mementos, 
but  is  carried  back  to  the  day,  now  memorable  forever,  when 
these  stern  old  patriots  were  deliberating,  and  about  to  vote, 
on  the  Declaration.  Firmness,  unanimity,  and  unity  of  pur- 
pose were  all-important  requisites.  Hancock  suggests  to 
Franklin,  "  We  must  all  hang  together  now."  "  Yes,"  re- 
sponded the  resolute  philosopher,  "or  most  assuredly  we  will 
all  hang  separately." 

Hancock  appends  his  signature  to  the  document  in  large, 
bold  characters,  and  sublimely  remarks,  "There — John  Bull 
can  read  my  name  Avithout  spectacles.      That  is  my  defiance." 

These  were  the  architects  of  our  freedom.     Colony  after 


66  A  HISTORY  OF  THE  ORIGIN  OF 

colony  had  voted,  block  after  block  had  been  added  to  the 
"  Federal  Arch  "  —  twelve  segments  in  freedom's  device. 
Pennsylvania,  the  second  largest  in  population,  and  the 
most  important  in  commercial  enterprise,  still  remains.  Her 
delegation  stands  a  tie,  with  John  Morton  yet  to  vote.  He 
rises  as  his  name  is  called ;  the  key-stone  —  the  thirteenth, 
most  important  and  sustaining  block  of  the  arch  —  wavers 
above  its  position ;  the  friends  of  independence  gasp  for 
breath,  and  all  eyes  turn  involuntarily  towards  him ;  but, 
undismayed  by  the  threats  of  enemies  or  the  entreaties  of 
friends,  he  voted  for  liberty  —  the  key-stone  dropped  in  its 
position,  and  the  Federal  Arch  was  complete. 

The  thoughtful  mind  who  comprehends  John  Morton's 
position,  and  reflects  upon  the  solemn  responsibility  thus 
thrown  upon  a  man  whom  the  people  had  honored  with 
numerous  political  oflices,  and  th3  statesman  who  had  viewed 
the  matter  in  every  possible  light,  cannot  but  admire  his 
firmness  and  decision.  His  vote  secured  unanimity,  and  not 
only  laid  the  key-stone,  but  the  foundation  of  the  Republic. 
Independence  Hall  is  not  complete  without  his  portrait. 

This  subject  is  ably  and  comprehensively  treated  by  a 
piece  of  poetry  that  went  the  rounds  of  the  press,  of  which 
the  following  is  an  extract : 

Tlie  Continental  Congress  met ; 

Each  delegate  had  said  his  say 
Save  one,  who  had  not  spoken  yet. 
With  us  the  vote  remained  a  tie  : 

Good  Pennsylvania  held  the  sway, 
'Twas  she  who  now  must  cast  the  die  — 
To  wreck  or  save. 

John  Morton's  called;  all  eyes  are  strained; 

The  Federal  Arch  is  almost  built, 
The  arch  that  Freedom's  God  ordained. 
He  voted  right,  all  undismayed, 

E'en  though  his  true  heart's  blood  be  spilt; 
And  tlius  lie  noltly,  safely  laid 
The  kev-stone. 


THE  APPELLATION  KEYSTONE  STATE.  57 

John  Morton  gained  etorniil  fame ; 

'Twill  last  with  Independence  Day, 
And  Pennsylvania  gained  a  name  — 
The  "  Keystone  State." 

Froin  the  Evening  Star,  of  Philadeliahia,  of  June  24,  1871. 

A  LEAF  FROM  OUR  HISTORY  —  HOW  PENNSYL- 
VANIA EARNED  THE  TITLE  OF  "KEYSTONE 
STATE." 

Pennsylvania's  appellation  of  "  Keystone  State  "  appears 
to  be  annoying  some  of  our  New  York  contemporaries  to 
such  an  extent  that  they  are  endeavoring  not  only  to  throw 
doubt  upon  our  right  to  the  title,  but  have  already  formed 
the  wedge  to  lay  claim  to  it  themselves.  This  is  quite  natu- 
ral, and  in  accordance  with  the  usual  generous  course  of 
Gotham  towards  our  State  generally,  and  city  in  particular. 

We  are  not  astonished  at  the  ignorance  made  manifest  by 
an  article  which  lately  appeared  in  the  New  York  Woi'lcl  on 
the  subject,  because  New  Yorkers  are,  and  always  have  been, 
proverbially  ignorant  in  all  matters  pertaining  to  the  credit 
of  our  Commonwealth.  We  are  astonished,  however,  and 
consider  it  exceedingly  discreditable  to  Pennsylvania,  that 
so  few  should  know  the  political  significance  of  the  title. 
Until  the  recent  agitation  on  the  subject,  few,  indeed,  of  our 
citizens  were  really  able  to  assign  any  cause  for  it ;  while  a 
small  number  judged  that  it  was  from  the  geographical  posi- 
tion of  the  State  in  connection  with  the  thirteen  colonies, 
which  in  convention  voted  for  the  Declaration  of  Inde- 
pendence. Now  it  is  a  well  authenticated  fact  that  the  arch 
is  the  strongest  combination  known  to  mechanics,  and  that 
the  key-stone,  forming  the  centre,  is  the  all-important  section ; 
without  it  the  arch  is  as  nothing,  a  mere  substance,  without 


58  A  HISTORY  OF  THE  ORIGIN  OF 

p5\ver  to  sustain  its  own  weight.  The  key-stone,  therefore, 
is  everything  to  the  arch,  and  is,  as  its  name  signifies,  tlie 
key  of  the  structure. 

Hence,  Pennsylvania  must  have  wielded  a  power  (which, 
likely,  was  by  mere  chance)  in  that  convention  greater  than 
any  other  single  colony,  otherwise  it  would  never  have  been 
honored  by  the  title.  History  proves  wherein  lay  the  power. 
Lossing's  "Lives  of  the  Signers"  (p.  113)  says:  "The  dele- 
gation from  Pennsylvania,  then  present,  were  equally  divided 
in  opinion  on  the  subject  of  independence,  and  Mr.  Morton 
was  called  on  officially  to  give  a  casting  vote  for  tliat  State. 
This  was  a  solemn  responsibility  thrown  on  him.  It  was  for 
him  to  decide  whether  there  should  be  a  unanimous  vote  of 
tlie  colonies  for  independence  ;  whether  Pennsylvania  should 
form  one  of  the  American  Union.  But  he  firmly  met  the 
responsibility,  and  voted  '  yes  ; '  and  from  that  moment  these 
united  colonies  were  declared  independent  States." 

Suppose,  for  argument's  sake,  that  New  York,  Delaware,  or 
any  other  of  those  States  represented,  had  voted  as  Pennsyl- 
vania did  —  the  last,  could  or  would  we  ask,  in  all  sincerity, 
that  our.  State  should  be  named  the  "  Keystone  "  from  her 
geographical  position,  in  face  of  the  facts  entitling  some 
other  State  to  the  title?  Such  an  idea  would  simply  be 
absurd,  and  not  to  be  entertained  for  a  moment. 

If  any  other  State  had  ever  had  the  shadow  of  a  claim  to 
the  title,  we  doubt  whether  they  would  have  let  the  claim 
become  outlawed  by  nearly  a  century's  silence.  It  is  evi- 
dent, therefore,  that  from  political  jwwer  alone  our  State  is 
indebted  for  the  proud  title,  and  such  a  one  as  our  citizens 
should  defend  against  all. 


THE  A  PFELLA  TION  KE  YSTONE  ST  A  TE.  59 

From  the  Sunday  Dispatch  of  June  2S,  1871. 

THE  KEYSTONE  STATE. 

The  right  of  our  good  old  Commonwealth  to  the  appella- 
tion "  Keystone  State"  has  at  this  late  day  been  disputed  by 
envious  and  misinformed  New  York  journalists. 

It  has  been  recently  asserted  by  a  New  York  newspaper, 
that  the  Declaration  of  Independence  was  not  the  unani- 
mous act  of  the  thirteen  united  colonies  until  the  ninth  of 
July,  1776,  when  New  York  gave  her  assent  to  that  impor- 
tant political  measure.  The  arguments  in  support  of  this 
theory  are  based  upon  extracts  from  Hildreth's  "  History  of 
the  United  States,"  (Vol.  III.,  page  136,)  and  Bancroft's  "His- 
tory of  the  United  States,"  (Vol.  VIII.,  page  450,)  to  the  effect 
tliat  the  "  New  Provincial  Congress  of  the  State  of  New 
York  met  at  White  Plains,  New  York,  on  the  ninth  of  July, 
1776,  with  authority  to  form  a  government,  and  gave  their 
sanction  to  the  Declaration,  which  then  became  the  unani- 
mous act  of  the  thirteen  United  States." 

While  due  respect  must  be  paid  to  Hildretli  and  Banci'oft 
as  historians,  the  following  array  of  extracts  from  equally 
good  historical  authority  is  submitted  to  prove  that  they 
erred  in  their  accounts  of  the  proceedings  of  the  Conti- 
nental Congress ;  or,  as  a  writer  in  a  Philadelphia  news- 
paper of  April  30th,  1871,  says,  that  "the  Provincial  Con- 
gress of  the  State  of  New  York,  which  met  at  White  Plains 
on  the  ninth  of  July,  1776,  merely  confirmed  the  action  of 
the  New  York  delegation  to  the  Continental  Congress." 

The  Declaration  of  Independence  was  given  to  the  world, 
bearing  date  July  4th,  1776,  as  the  unanimous  Declaration 
of  the  thirteen  United  States  of  America. 

The  "  Journal  of  Congress,"  published  in  1778,  by  John 
Dunlap,  (Vol.  II.,  page  241,)  says : 

The  Declaration  being  read,  was  agreed  to  by  all  the  States. 
The  same  day  (July  4th)  copies  of  the  Declaration  were  ordered 


60  A  HISTORY  OF  THE  ORIGIN  OF 

to  be  sent  to  the  several  Assemblies,  conventions,  etc.,  etc.,  of  the 
different  States. 

In  Watsou's  "  Auuals  of  Philadelpliia,"  (Vol.  II.,  page 
293,)  it  will  be  seen  that  on  the  eighth  of  July,  A.  D.  1776, 
Captain  John  Hopkins  fead  the  Declaration  of  Indepen- 
dence, as  the  unanimous  act  of  the  thirteen  united  colonies, 
in  the  presence  of  many  thousand  spectators. 

John  Adams,  in  a  letter  to  his  wife,  dated  July  5th,  1776, 
("  Pennsylvania  Historical  Collection,"  page  570,)  said : 

Yesterday,  the  greatest  question  was  decided  that  ever  was  de- 
bated in  America,  and  greater,  perhaps,  never  was,  nor  will  be, 
decided  among  men.  A  resolution  was  passed,  without  one  dissent- 
ing colony,  that  "  these  united  colonies  are,  and  of  riglit  ought 
to  be,  free  and  independent  States." 

In  another  letter  from  John  Adams  to  his  wife,  of  the 
same  date,  book,  and  page,  after  regretting  that  the  Declara- 
tion had  not  been  made  months  sooner,  he  says  : 

Time  has  been  given  for  the  whole  people  maturely  to  consider 
the  great  question  of  independence;  to  ripen  their  judgments, 
dissipate  their  fears,  and  assure  their  hopes,  by  discussing  it  in 
the  newspapers  and  pamphlets,  by  debating  it  in  assemblies,  &c. ; 
so  that  the  whole  people  in  every  colony  of  the  thirteen  have 
now  adopted  it  as  their  own  act. 

In  Jolin  Andrews's  "  History  of  the  War  with  America," 
published  in  London  in  the  year  1786,  (Vol.  II.,  page  217,) 
we  find  the  following : 

The  fourth  of  July,  1776,  was  the  memorable  day  on  which  the 
thirteen  colonies  declared  themselves  free  and  independent  States, 
and  abjured  their  allegiance  to  the  crown  and  sovereignty  of  Great 
Britain. 

"An  Authentic  and  Original  Journal  of  Events,  etc.,  con- 
nected with  the  American  Revolution,"  by  K.  Lamb,  (pub- 
lished in  Dublin,  Ireland,  1809,)  at  pages  59,  60,  says : 

The  fatal  day  at  length  arrived,  which  must  be  deeply  regretted 
by  every  true  friend  of  the  British  Empire,  when  the  xniiiTEiiN 


THE  APPELLA  TION  KEYSTONE  STA TE.  6 1 

English  colonies  in  America  declared  themselves  free  and  inde- 
pendent States,  and  abjured  all  allegiance  to  the  British  crown, 
and  renounced  all  connection  with  the  mother  country.  On  this 
day,  the  fourth  day  of  July,  the  Congress  published  a  manifesto, 
etc.,  etc. 

"  The  History  of  the  War  of  Independence,"  by  Charles 
Botta,  (in  the  Italian  language,  translated  by  G.  A.  Otis, 
Vol.  II.,  page  103,)  says : 

Consequently,  on  the  fourth  of  July,  A.  D.  1770,  upon  the  report 
of  Thomas  Jefferson,  John  Adams,  Benjamin  Franklin,  Roger 
Sherman,  and  Philip  Livingston,  the //iiV/ee^  confederate  colonies 
dissolved  all  their  allegiance  towards  the  British  crown,  and  de- 
clared themselves  free  and  independent,  under  the  name  of  the 
thirteen  United  States  of  America. 

Ibid.,  page  108  : 

Independence  was  proclaimed  with  great  solemnity  on  the 
eighth  of  July,  A.  D.  1776. 

The  "  Cabinet  Cyclopaedia,"  published  in  London  in  1830, 
(Vol.  I.,  page  183,)  says : 

The  Declaration  was  solemnly  taken  into  consideration  on 
the  lourth  of  July,  1776,  and  unanimously  passed. 

The  "  History  of  the  American  Revolution,"  by  Samuel 
F.  Wilson,  page  148,  says  : 

These  happy  changes  having  been  effected,  the  Declaration  pre- 
pared by  the  special  committee  came  up  ibr  final  disposition,  and 
on  the  fourth  of  July  received  the  assent  of  every  colony. 

Pitkin's  "Political  and  Civil  History  of  the  United 
States,"  (Vol.  I.,  page  365,)  says : 

The  delegates  from  Pennsylvania  present  July  1,  1770,  were 
seven,  four  of  whom  voted  against  the  Declaration.  On  the  fourth 
of  July,  1776,  it  again  came  before  Congress  for  final  decision, 
and  received  the  vote  of  every  colony. 

Wilson's  "  American  History,"  page  358,  says : 

The  Declaration  received  the  assent  of  all  the  colonies  on  the 
fourth  of  July,  1776. 
6 


62  A  HISTORY  OF  THE  ORIGIN  OF 

George  Ticknor  Curtis's  "  History  of  the  Constitution  of 
the  United  States,"  (VoL  I.,  page  51,)  says  : 

The  Declaration  of  Independence  was  reported,  by  the  commit- 
tee who  had  been  instructed  to  prepare  it,  on  the  twenty-eighth 
of  June,  A.  I).  1776,  and  on  the  fourth  of  July  following  it  re- 
ceived the  vote  of  every  colony,  and  was  published  to  the  world. 

Lossing's  "  War  of  Independence,"  page  196,  says : 

On  the  fourth  of  July,  1776,  t^otes  from  all  the  colonies  were 
procured  in  favor  of  the  Declaration,  and  from  this  act  the  thir- 
teen united  colonies  declared  themselves  free  and  independent 
States. 

Gordon's  "History  of  Pennsylvania,"  published  in  1829, 
page  537,  says : 

On  the  fourth  of  July,  the  Declaration  was  sanctioned  by  the 
vote  of  every  colony. 

In  Giles's  "^yeekly  Register,"  (Vol.  XII.,  page  307,) 
Thomas  McKean,  in  a  letter  to  John  Adams,  dated  at 
Philadelphia,  January,  1814,  after  referring  to  the  proceed- 
ings of  the  Continental  Congress  on  the  fourth  of  July,  177G, 
says: 

On  that  date  (July  4, 1776),  unanimity  in  the  thirteen  States,  an 
all-important  point,  was  thus  obtained.  The  dissension  of  a  single 
State  might  have  produced  very  dangerous  consequences. 

In  Goodrich's  "  American  Biography,"  in  sketches  of  the 
lives  of  the  New  York  delegation  to  the  Continental  Con- 
gress, the  following  will  be  found,  on  page  184,  in  relation  to 
"William  Floyd,  a  signer  of  the  Declaration  from  that  State  : 

On  that  occasion  (July  4,  1776),  he  assisted  in  dissolving  the 
political  bonds  which  had  united  the  colonies  to  the  British  Gov- 
ernment. 

The  same  work,  page  183,  speaking  of  Henry  Wisner,  says : 

This  gentleman  was  present  when  Congress  expressed  their 

api)robalion  of  the  Dt-claration  of  Independence,  and  voted  in 

favor  of  it;  but  before  the  engrossed  copy  was  signed  by  the 


THE  APPELLATION  KEYSTONE  STATE.  63 

several  members,  Mr,  Wisner  left  Congress,  and  thus  failed  of 
affixing  his  name  to  this  memoi'able  instrument. 

(The  foregoing  is  corroborated  in  a  letter  written  by 
Thomas  McKeau  to  Mr.  Dallas,  of  Pennsylvania,  on  the 
twenty-sixth  of  September,  1796.) 

"American  Biography,"  page  190,  speaking  of  Philip 
Livingston,  of  the  New  York  delegation,  says : 

Of  the  equally  distinguished  Congress  of  177G,  Mr.  Livingston 
was  a  member,  and  had  the  honor  of  giving  Ids  vote  in  favor  of 
that  Declaration. 

Page  195  of  the  above  work,  in  its  sketch  of  Francis 
Lewis,  another  signer  from  New  York,  says : 

He  was  among  the  number  who  declared  the  colonies  forever 
absolved  from  their  allegiance  to  the  Britisli  crown,  and  from  that 
time  (July  4,  1776)  entitled  to  the  rank  of  free  and  independent 
States. 

Page  201,  speaking  of  Lewis  Morris,  another  New  York 
signer,  says : 

There  were  many  in  the  colony  (New  York)  who  believed  that 
a  declaration  of  independence  was  not  only  a  point  of  political 
expediency,  but  a  matter  of  paramount  duty.  Of  this  latter 
class,  Mr.  JMorris  was  one  ;  and,  in  giving  his  vote  for  tliat  Decla- 
ration, he  exhibited  a  patriotism,  etc.,  which  few  had  it  in  their 
■power  to  display. 

Sanderson,  Lossing,  and  other  biographers  of  these  remark- 
able men,  fully  concur  with  Goodrich  in  regard  to  the  votes 
of  the  New  York  delegation  to  the  Continental  Congress, 

Pitkin's  "  Political  and  Civil  History  of  the  United  States," 
published  in  1828,  (Vol.  I.,  page  371,)  says: 

The  Convention  of  New  York,  on  the  ninth  of  July,  1776, 
unanimously  resolved  that  the  reasons  assigned  by  Congress  for 
declaring  the  united  colonies  free  and  independent  States  were 


64  A  HISTORY  OF  THE  ORIGIN  OF 

cogent  and  conclusive;  and  that,  Avliile  they  lamented  the  cruel 
necessity  which  rendered  the  measure  unavoidable,  they  approved 
of  the  same,  and  expressed  their  determination,  at  the  risk  of 
their  lives  and  fortunes,  to  join  in  its  support. 

What  intelligent  mind,  in  the  face  of  sucli  testimony  as 
the  above  proven  historical  facts,  will  not  conclude  that 
unanimity  was  obtained  on  the  fourth  of  July,  1776? 

How  can  Hildretli  or  Bancroft,  and,  latterly,  the  aspiring 
editor  of  the  New  York  World,  contend  that  the  New  York 
delegation  did  not  vote  on  the  fourth  of  July,  when  the 
eminent  biographers  before  mentioned  state  precisely  to  the 
contrary  ? 

Thomas  McKean  and  John  Adams,  actors  in  that  celebrated 
assembly,  and 

"  Who  had  themselves 
Been  a  part  of  what  they  told," 

agree  that  all  the  States  voted  on  the  fourth  of  July,  1776, 
as  has  been  fully  proven  by  the  foregoing  extracts  from 
their  letters.  The  best  historical  authorities  of  this  and  the 
Old  World  concur  in  the  fiict  that  it  was  the  unanimous 
Declaration  of  the  thirteen  States,  and  that  it  was  declared 
on  the  fourth  of  July,  A.  d.  1776.  New  York  must  have 
voted  on  the  fourth  of  July. 

Regarding  Pennsylvania's  right  to  the  appellation  "  Key- 
stone State,"  and  to  prove  that  the  origin  is  based  upon  an 
important  historical  event  in  her  State  history,  viz. :  that 
in  the  Continental  Congress,  on  July  4th,  1776,  the 
famous  resolution  of  Ilichard  Henry  Lee  was  presented  for 
a  final  vote,  and  received  the  sanction  of  every  colony  — 
Pennsylvania  voting  last,  the  following  authorities  are 
submitted  to  tlie  judgment  of  the  unbiased  reader:  Sander- 
son's "  Biography  of  the  Signers,"  Vol.  VI.,  page  209 ;  Los- 
sing's  "Lives  of  the  Signers,"  page  113;  Lieber's  "  Ency- 
clopaidia  Americana,"  Vol.  IX.,  page  57  ;  Ajipleton's  "  New 


TUE  APPELLATION  KEYSTONE  STATE.  65 

American  Encyclopsedia,"  Vol.  II.,  page  759 ;  and  Judge 
Robert  T.  Conrad's  revised  edition  of  the  "  Lives  of  the 
Signers,"  page  450,  all  concur  that  Pennsylvania  was  the 
last  State  to  vote  on  the  Declaration. 

Pennsylvania,  in  some  particulars,  has  a  peculiar  history. 
One  of  her  peculiarities  has  been  in  always  casting  her 
electoral  vote  for  the  successful  Presidential  candidate.  It 
has  become  a  trite  saying,  that  "  as  Pennsylvania  goes,  so 
goes  the  Union." 

Another  peculiarity  was  her  geographical  position  —  six 
of  the  original  thirteen  States  lying  to  the  north  and  east, 
and  six  to  the  south  and  west.  It  will  thus  be  seen  that, 
while  her  numerical  order  was  seventh  in  the  "original  thir- 
teen," the  order  of  enumeration  was  not  adhered  to  in  voting 
on  the  Declaration.  It  was  her  vote  —  the  last  vote  for  the 
measure  —  that  secured  unanimity.  Hence,  like  the  key- 
stone of  the  arch,  she  bound  her  sister  colonies  together  so 
strongly  that  the  weight  of  Britain's  tyranny  was  unable  to 
crush  them.  As  the  thirteen  columns  were  used  to  symbolize 
the  thirteen  States,  (Marshall's  "Life  of  Washington,"  Vol. 
II.,  page  142,)  so  the  term  "  Federal  Arch  "  is  symbolical 
of  the  thirteen  votes  of  the  thirteen  States  in  the  Continental 
Congress,  on  the  fourth  of  July,  A.  D.  1776,  in  favor  of  inde- 
pendence. When  it  is  remembered  that  an  arch  is  the 
strongest  structure  in  mechanics,  it  must  be  acknowledged 
that  the  selection  of  it  to  symbolize  the  unanimous  Declara- 
tion of  the  thirteen  colonies,  and  the  strength  of  the  solemn 
pledge  each  to  the  other  therein  made,  was  very  appropriate; 
that  it  was  for  maintaining  this  structure  of  their  liberties 
unharmed  that  they  pledged  "  their  lives,  their  fortunes, 
and  their  sacred  honor." 

This  arch  was  constructed  block  by  block  as  colony  after 

colony  voted;  and,  as  Pennsylvania  was  the  last  or  thirteenth 

State  to  vote,  she  became  of  necessity  the  "  key-stone  of  the 

arch  of  union,"  as  is  beautifully  shown  by  the  following 

6*  E 


66  A  HISTORY  OF  THE  ORIGIN  OF 

extracts  from  an  address  delivered  last  year  (1870)  before 
the  Historical  .Society  of  Peuusylvauia  : 

Pennsylvania,  "  the  Keystone  State,"  so  called  because,  when 
tlie  Declaration  of  Independence  was  under  consideration,  each 
State  by  its  delegation  was  in  front  of  the  Speaker's  chair  —  six 
on  the  right  and  six  on  the  left,  with  Peiansylvania,  like  a  key- 
stone, in  the  centre;  and  because  the  vote  was  taken  by  States 

—  a  majority  of  the  delegates  from  each  State  carrying  the  State 

—  and  she  being  the  last  or  thirteenth  State  to  vote,  thus  becoming 
the  key-stone  of  the  "Federal  Arch."  Cordiality  and  unanimity 
in  all  the  thirteen  States  were  regarded  as  of  absolute  importance, 
and  the  dissension  of  a  single  State  as  disastrous  in  the  ex- 
treme. 

On  July  1,  1776,  all  the  States,  excepting  Delaware  and  Penn- 
sylvania, voted  in  the  affirmative  —  the  latter  in  the  negative,  by 
a  vote  of/our  to  three.  On  the  fourth  of  July,  all  the  other  States, 
including  Delaware,  having  voted  in  tbe  attirmative,  Pennsyl- 
vania, with  but  five  members  present,  (one  of  whom  had  been 
called  out  by  friends  ojjposed  to  the  measure,  and  two  who  had 
voted  in  the  negative,  on  the  first,  being  absent,)  voted,  two  in  the 
affirmative  and  two  in  the  negative,  with  her  casting  vote  in  the 
hands  of  the  one  member  momentarily  expected  in.  Here  was  a 
momentous  pause  in  a  time  when  men's  souls  were  tried  to  the 
very  centre.  The  "Arch  of  Union  "  standing  hazardous,  with  the 
key-stone  suspended  over  it  by  a  tie  vote,  and  all,  in  deep 
anxiety,  looking  for  the  one  Pennsylvania  mend)er  to  come  in, 
by  whose  vote  the  great  decision  would  be  made.  That  man  was 
John  Morton.  It  is  suid  that  John  Hancock,  anxious  for  his 
arrival,  instead  of  declaring  the  vote,  occupied  the  time  in  speak- 
ing until  he  saw  him  enter  the  door.  Here  was  a  man  having 
adverse  influences  brought  to  bear  on  him  outside  —  influences 
of  almost  crushing  weight  —  by  persons  who  viewed  the  Declara- 
tion as  direct  rebellion  to  British  rule,  and  who  apprehended 
that  failure  would  end  in  dreadful  punishment.  Yet  that  noble 
patriot  and  man,  with  love  of  country  in  his  heart  rising  above 
all,  came  in,  and  took  the  responsibility  of  deciding  the  great 
question,  not  only  for  Pennsylvania,  but  as  umpire  for  the  whole 
country.     John  Morton    voted.     Simultaneously  the   key-stone 


THE  APPELLATION  KEYSTONE  STATE.  67 

was  in  its  place  ;  the  arch  was  complete  ;  the  States  were  unani- 
mous; the  grand  Declaration  sprang  into  life;  the  fountain  of 
Freedom  flowed  ;  Independence,  Liberty,  and  Union  stood  bap- 
tized, and  a  nation  was  born. 

Well  might  the  spirits  of  the  Huguenots,  the  Pilgrims,  and 
the  Puritans,  and  Penii,  have  lingered  here  to  approve,  rejoice, 
and  say:  "Let  all  these  have  a  choice  place  in  every  American 
heart,  to  be  seen  in  the  brightest  mirror  of  memory  forever !  " 


From  the  Sunday  Dispatch,  of  Philadelphia,  of  July  9,  1871. 

"  D.  W."  —  What  contemporaneous  or  early  authority  is 
there  for  the  statement  that  John  Morton  gave  the  easting 
vote  of  the  Pennsylvania  delegation  in  Congress  in  favor  of 
independence  on  the  fourth  of  July,  1776?  ....  Governor 
McKean,  in  his  letter  of  June  16,  1817,  says: 

On  Monday,  the  first  day  of  July,  1776,  the  arguments  in  Con- 
gress for  and  against  the  Declaration  of  Independence  having 
been  exhausted,  and  the  measure  having  been  fully  considered,  the 
Congress  resolved  itself  into  a  committee  of  the  whole.  The 
question  was  put  by  the  chairman,  and  all  the  States  voted  in  the 
affirmative  except  Pennsylvania,  which  was  in  the  negative,  and 
Delaware,  which  was  equally  divided.  Pennsylvania  at  that 
time  had  seven  members,  viz.:  John  Morton,  Benjamin  Franklin, 
James  Wilson,  John  Dickinson,  Robert  Morris,  Tlumias  Wil- 
ling, and  Charles  Humphreys.  All  were  present  on  the  first  of 
July,  and  the  first  three  voted  for  the  Declaration  of  Indepen- 
dence, the  remaining  four  against  it. 

Mr.  McKean  afterwards  states  that  on  the  fourth  of  July 
Morton,  Franklin,  and  Wilson  voted  for  independence.  Wil- 
ling and  Humphreys  voted  against  it,  and  Dickinson  and 
Morris,  although  present,  did  not  take  their  seats.  As  j\Ior- 
ton  voted  for  independence  on  the  first  of  July,  it  is  difficult 
to  see  why  there  should  have  been  any  doubt  as  to  his  vote 
on  the  fourth  of  July. 


68  A  HISTORY  OF  THE  ORIGIN  OF 

From  the  Sunday  Dispatch  of  July  16,  1871. 

"Keystone."  —  The  question  propounded  by  "D.  W." 
in  your  last  edition,  concerning  the  casting  vote  of  John 
IMorton,  of  the  Pennsylvania  delegation  in  the  Continental 
Congress,  is  fully  and  ably  aus^Yered  in  Lossing's  "Lives  of 
the  Signers,"  page  113  : 

The  delegation  from  Pennsylvania  then  present  wore  equally 
divided  in  opinion  on  the  subject  of  independence,  and  Mr.  Mor- 
ton was  called  on  otficially  to  give  a  casting  vote  for  that  State. 
This  was  a  solemn  responsibility  thrown  on  him.  It  was  for  him 
to  decide  whether  there  should  be  a  unanimous  vote  of  the  colonics 
for  independence  —  whether  Pennsylvania  should  form  one  of 
the  American  Union.  But  he  firmly  met  the  responsibility,  and 
voted  "  yes,"  and  from  that  moment  these  united  colonies  were 
declared  independent  States. 

This  is  corroborated  by  Goodrich's  "  Lives  of  the  Sign- 
ers," page  283;  Sanderson's  "Biography  of  the  Signers," 
Vol.  VI.,  page  209 ;  Lieber's  "  Encyclopaedia  Americana," 
Vol.  IX.,  page  57;  Appleton's  "New  American  Encyclo- 
j)tedia,"  Vol.  II.,  page  759 ;  and  Judge  Robert  T.  Conrad's 
revised  edition  of  the  "Lives  of  the  Signers,"  page  450. 
History  in  general  is  based  upon  contemporaneous  authori- 
ties, which,  in  most  cases,  are  as  difficult  to  unearth  from 
the  sepulchres  of  the  past  as  it  would  be  to  furnish  the 
identical  hatchet  which  Washington  used  in  chopping  his 
iiither's  cherry-tree. 


From  the  Sunday  Dispatch  of  July  23,  1871. 

"  D.  W."  —  My  demand  for  contemporaneous  or  early 
authority  for  the  assertion  that  John  IMorton  gave  the  cast- 
ing vote  for  independence  in  the  Feiinsylvania  delegation  to 
Congress  is  not  met  by  telling  me  that  Mr.  Lossing,  and 
other  respectable  writers,  have  said  that  he  did  so,  witliin 


THE  APPELLATION  KEYSTONE  STATE.  69 

the  last  twenty,  tliirty,  forty,  or  fifty  years.  If  A,  B,  and 
C  vote  one  way,  and  Y  and  Z  vote  the  other  way,  we  cannot 
justly  say  that  either  A,  B,  or  C  gave  the  casting  vote, 
unless  we  know  that  he  voted  after  the  two  others  who  were 
on  his  side  of  the  question.  How  does  any  one  now  living 
know  that  Morton  voted  for  independence  after  Franklin 
and  Wilson  had  voted  for  it  ?  For  my  own  part,  I  no  more 
credit  this  story  than  I  do  George  Lippard's  trash  about  the 
blue-eyed,  curly-headed  boy  who  called  out  to  his  father, 
"  Ring !  father,  ring ! "  This  rodomontade  is  occasion- 
ally dished  up  to  us  as  history/  —  as  was  done  on  July  4, 
1869,  by  a  member  of  Common  Council,  in  a  speech  to  the 
children  of  the  public  schools,  at  the  dedication  of  the 
statue  of  Washington,  which  the  children  had  paid  for. 
Such  history  was  a  poor  return  for  their  contributions.  If 
the  story  about  Morton  is  better  founded  than  Lijopard's  or 
Hauna's  history,  let  us  have  the  evidence  of  it. 

From  the  Sunday  Dispatch  of  July  23,  1871. 

"  MoNKBARNS."  —  The  question  put  in  the  Sunday  Dis- 
patch by  "  D.  W.,"  in  relation  to  John  Morton's  "  casting 
vote"  on  the  Declaration  of  Independence,  is  not  satisfac- 
torily answered.  Like  "  D.  W.,"  I  have  some  anxiety  to 
know  "  what  contemporaneous  or  early  authority  is  there  for 
the  statement  that  John  Morton  gave  the  casting  vote  of  the 
Pennsylvania  delegation  in  Congress  in  favor  of  indepen- 
dence on  the  fourth  of  July,  1776?"  It  is  asserted  that 
"Pennsylvania  had  four  delegates  present  —  two  voted  for, 
and  two  against,  the  Declaration.  One  was  expected  to 
come  in,  who  had  been  called  out  by  friends  and  others  to 
urge  him  to  vote  in  the  negative.  That  one  was  John  INIor- 
ton."  Now,  if  John  Morton  voted  for  it  on  the  first  of  July, 
as  by  the  quotations  from  McKean's  letters  given  in  the 
Dispatch,  there  is  all  the  greater  reason  to  discredit  his  sup- 
posed (or  rather  asserted)  hesitation  or  backwardness  on  the 


70  A  HISTORY  OF  THE  ORIGIN  OF 

fourth.  It  seoms  to  be  generally  overlooked,  now,  that  the 
colonies  instructed  their  delegates,  and  that  the  delegates 
generally  acted  or  voted  accordingly.  John  Morton  was 
Speaker  of  the  House,  and  signed  the  instructions  to  the 
Pennsylvania  delegation,  "  that  you,  in  behalf  of  this 
colony,  dissent  from  and  utterly  reject  any  propositions  — 
should  such  be  made  —  that  may  cause  or  lead  to  a  separa- 
tion from  the  mother  country."  These  instructions  do  not 
appear  to  have  been  revoked  by  the  Assembly.  But  at  a 
meeting  of  the  deputies  of  the  counties  in  Philadelphia,  they 
resolved,  "In  behalf  of  ourselves,  and  with  the  approbation, 
consent,  and  authority  of  our  constituents,  we  unanimously 
declare  our  wilUngness  to  concur  in  a  vote  of  the  Congress 
declaring  the  United  States  free  and  independent  States." 
If  your  contributor  of  "  The  Keystone  State "  will  look  at 
contemporaneous  authority  instead  of  Botta,  Goodrich,  et  id 
omne  genus,  he  will  find  that  the  New  York  delegation  was 
similarly  situated,  except  that  its  members  were  not  in- 
structed, and  never  did  vote,  either  for  or  against  indepen- 
dence ;  and  that  one  of  the  representatives  was  so  indignant 
at  the  confirmation  of  the  action  of  the  majority  that  he 
indignantly  resigned  his  seat.  The  whole  history  of  "  The 
Declaration,"  I  shall,  before  long,  publish.  Juditia  fiat 
cesium  mat. 

From  the  Sunday  Dispatch  of  July  SO,  1871. 

"Keystone  State."  —  "Monkbarns,"  in  the  issue  of  the 
Sunday  Dis-patch  of  the  23d  inst.,  expresses  anxiety  to  know 
■what  contemporaneous  or  early  authority  there  is  for  the 
statement  that  John  Morton  gave  the  casting  vote  of  the 
Pennsylvania  delegation  in  Congress  in  favor  of  "  indepen- 
dence, July  4, 1776,"  and  states  that  "he  (John  Morton)  was 
Speaker  of  the  House  of  Rej)resentatives  of  Pennsylvania, 


THE  APPELLATION  KEYSTONE  STATE.  71 

and  signed  the  instructions  to  the  delegation  to  dissent  from 
and  utterly  reject  any  propositions  that  might  cause  or  lead 
to  a  separation  from  the  mother  country,  and  that  these  in- 
structions had  never  been  revoked."  He  also  suggests  that 
"  if  the  contributor  of  '  The  Keystone  State,'  in  your  edition 
of  June  25,  1871,  would  look  at  contemporaneous  authority 
instead  of  Goodrich,  Botta,  et  id  oynne  genus,  he  would  find 
that  the  New  York  delegation  Avas  similarly  situated,  except 
that  its  members  were  not  instructed,  and  never  did  vote,  for 
or  against  independence."  "  Monkbarns  "  informs  our  un- 
enlightened community  that  "he  is  about  to  publisli  a  whole 
history  of  the  Declaration,"  ending  his  communication  with 
the  classic  "  saw,"  Justitia  fiat  ccelum  ruat.  As  regards  the 
casting  vote  of  John  Morton,  of  the  Pennsylvania  delega- 
tion, on  the  Declaration,  July  4,  1776,  "Monkbarns"  is  re- 
spectfully referred  to  another  part  of  this  article,  where  the 
facts  are  fully  set  forth.  A  reperusal  of  the  article  in  your 
edition  of  June  25,  1871,  and  a  careful  examination  of  the 
authorities  therein  cited,  would  have  dispelled  all  doubts. 
In  order  to  set  the  question  beyond  dispute,  as  regards  the 
vote  of  the  New  York  delegation  on  the  fourth  of  Jul}',  1776, 
a  brief  resume  of  the  authorities  therein  cited,  and  a  few 
additional  extracts,  all  of  which  are  derived  from  contempo- 
raneous authorities,  are  respectfully  submitted.  The  Decla- 
ration of  Independence,  over  the  signature  of  John  Hancock, 
in  its  first  publication,  commences  with  the  following  unmis- 
takable language :  "  In  Congress,  July  4, 1776.  The  unani- 
mous Declaration  of  the  Thirteen  United  States  of  America." 
If  New  York  did  not  vote  on  the  fourth  of  July,  1776,  then 
John  Hancock  appended  his  signature  to  that  which  he  knew 
to  be  false.  That  John  Hancock  subscribed  to  the  truth,  we 
have  the  testimony  of  John  Adams,  one  of  the  brightest 
lights  of  that  Congress,  who,  in  a  letter  written  to  his  wife, 
dated  July  5,  1776,  ("Pennsylvania  Historical  Collection," 
page  570,)  says : 


72  A  HISTORY  OF  THE  ORIGIN  OF 

Yesterday,  the  greatest  question  was  decided  which  ever  was 
debated  in  America,  and  greater,  perhaps,  never  was,  nor  will  be, 
decided  among  men.  A  resolution  was  passed,  without  one  dis- 
senting colony,  that  these  united  colonies  are,  and  of  right  ought 
to  be,  free  and  independent  States. 

And,  further,  after  regretting  that  the  Declaration  had  not 
been  passed  months  sooner,  concludes  as  follows  : 

Time  has  been  given  for  the  whole  people  maturely  to  consider 
the  great  question  of  independence,  etc.,  by  discussing  it  in  news- 
papers, etc.,  so  that  the  whole  people  in  every  colony  of  the  thir- 
teen have  now  adopted  it  as  their  own  act. 

This  is  contemporaneous  proof  of  the  most  positive  and 
decided  character  that  John  Hancock  was  right  in  promul- 
gating the  fact  that  all  the  thirteen  States  voted  on  the  fourth 
day  of  July,  A.  d.  1776.  Prior  to  August  2, 1776,  the  Decla- 
ration had  been  engrossed  on  parchment,  and  on  that  day  it 
was  signed  —  every  one  of  whom  so  signing,  including  Liv- 
ingston, Morris,  and  others  of  the  New  York  delegation, 
certified  to  the  fact  that  independence  was  declared  on  the 
fourth  of  July,  1776,  and  that  it  was  the  unanimous  act  of 
the  thirteen  United  States  of  America.  (See  anastatic  fac- 
simile of  the  Declaration  in  Independence  Hall.)  This  is 
contemporaneous  authority  as  unimpeachable  as  the  char- 
acters of  the  illustrious  patriots  w'ho  signed  the  document 
itself. 

Of  the  whole  number  of  signers,  but  forty-eight  (48)  were  mem- 
bers of  the  Congress  of  July  4,  1776.  Some  who  voted  on  that 
day  in  favor  of  the  Declaration  were  not  members  when  it  was 
signed,  as  was  the  case  with  Henry  AVisner  of  the  New  York 
delegation,  as  appears  in  a  letter  from  Thomas  McKoan,  one  of 
the  signers,  to  Mr.  Dallas,  of  Pennsylvania,  dated  26th  Septem- 
ber, 1796.  —  {Remember  date.)  —  Goodrich's  "American  Biogra- 
phy," page  328. 

This  the  most  skeptical  must  accept  as  contemporaneous. 
The  following  is  the  extract : 


THE  A PPEL LA  TfON  KEYSTONE  ST iTE.  73 

I  was  personally  present  in  Congress,  and  voted  in  favor  of 
independence,  on  the  fourth  of  July,  177G.  Ilenry  Wisner,  of 
the  State  of  New  York,  was  also  in  Congress,  and  voted  for  inde- 
pendence. 

If  New  York  did  not  vote  on  tlie  fourth  of  July,  177fi, 
how  could  Thomas  McKean  have  seen  Henry  Wisner  vote? 
Thomas  McKean  was  a  prominent  member  of  this  Congress, 
afterwards  Chief  Justice  and  Governor  of  Pennsylvania,  and 
was  deservedly  held  in  the  highest  repute.  In  an  autograph 
letter  addressed  to  a  nephew  of  Ctesar  Rodney,  one  of  the 
signers  from  Delaware,  bearing  date  August  22,  1813,  (see 
"Book  of  the  Signers,"  by  William  Brotlierhead,  j^age  67,)  he 
says: 

I  recollect  what  passed  in  Congress  in  the  beginning  of  July, 
1776,  respecting  independence.  It  was  not  as  you  have  conceived. 
On  Monday,  the  first  of  July,  tlie  great  question  was  taken  in 
committee  of  the  whole,  when  the  State  of  Pennsylvania,  rei)re- 
sented  by  seven  gentlemen  then  present,  voted  against  il.  Dela- 
ware, having  then  only  two  representatives  present,  was  divided. 
All  file  other  Slates  voted  in  favor  of  it. 

After  explaining  that  he  sent  an  express  at  his  private 
expense  for  Ctesar  Kodney,  the  remaining  member  for  Dela- 
ware, he  states  that  he  met  him  at  the  State  House  door,  in 
his  boots  and  spurs,  on  the  morning  of  the  fourth  of  July, 
1776,  and  that,  without  a  word  on  the  business,  they  went 
into  the  hall  of  Congress  together,  and  found  they  were 
among  the  latest.  Proceedings  immediately  commenced, 
and  after  a  few  minutes  the  great  question  was  called,  when 
Rodney,  voting  Avith  him,  (McKean,)  secured  the  voice  of 
Delaware.  Pennsylvania  (there  being  only  five  members 
present — Dickinson  and  Morris,  who  before  voted  in  the 
negative,  being  absent)  voted  for  it,  three  to  two.  "And," 
continues  McKean : 

Unanimity  in  the   thirteen   States  —  an  all- inijiortant   point 
7 


74  A  IIISTOR  Y  OF  TlIK  OUIUIN  OF 

on  so  great  an  occasion  —  was  thus  obtained.     The  dissension  of 
a  single  State  might  haveproduced  very  dangerous  consequences! 

And  further: 

You  may  rely  on  the  accuracy  of  the  foregoing  relation ! 

McKeau  sets  forth  these  same  facts  in  another  letter  to 
his  Excellency,  John  Adams,  dated  at  Philadelphia,  Janu- 
ary, 1814,  (Niles's  "Weekly  Register,"  Vol.  XII.,  page  307.) 
How,  in  the  face  of  the  foregoing  undoubted  proof,  —  all  of 
which  is  strictly  contemporaneous,  —  can  "  Monkbarns  "  at- 
tempt to  disprove  that  which,  for  nearly  a  century,  ha.s  been 
regarded  by  every  true  American  as  a  sacred  historical 
truth  ?  Surely  he  does  not  realize  the  unenviable  position 
he  assumes  in  thus  questioning  the  veracity  of  such  men  as 
John  Adams,  Thomas  McKeau,  and  all  the  other  signers  to 
the  glorious  Declaration?  Ko  wonder,  then,  that  Macauley, 
in  his  "  History  of  the  State  of  New  York,"  (Vol.  III.,  page 
232,)  corroborates  the  views  taken  above,  as  do  also  Andrews's 
"  History  of  the  War  with  America,"  published  in  London, 
1786,  Vol.  II.,  page  217  ;  Botta's  "  History  of  the  War  of 
Independence,"  (translated  by  Otis,)  Vol.  XL,  page  103 ; 
"Cabinet  Cyclopaedia,"  published  in  1830,  Vol.  I.,  page  183; 
Pitkin's  "Civil  and  Political  History  of  the  United  States," 
published  in  1828,  Vol.  I.,  pages  365  and  371  ;  Wilson's 
"American  History,"  page  358;  George  Ticknor  Curtis's 
"  History  of  the  Constitution  of  the  United  States,"  Vol.  L, 
page  51;  Lossing's  "War  of  Independence,"  page  196; 
Gordon's  "History  of  Pennsylvania,"  published  in  1829, 
page  537 ;  Goodrich's  "  American  Biography,"  pages  183  to 
203  inclusive,  and  a  host  of  othens.  As  well  might  "Monk- 
barns  "  attempt  to  prove  that  there  never  w'as  a  Continental 
Congress,  and  that  the  Declaration  of  Independence  was 
never  adopted,  as  to  disprove  the  overwhelming  testimony 
herein  cited.     But  should  he,  in  his  proposed  history  of  the 


THE  APPELLA  TION  KEYSTONE  STA TE.  75 

Declaration,  satisfactorily  prove  tliat  it  was  not  the  unani- 
mous act  of  the  thirteen  States  in  Congress,  July  4,  1776; 
if  he  can  set  aside  the  contemporaneous  authorities  above 
given  —  then  it  must  be  admitted  that  Pennsylvania's  title, 
as  the  "  Keystone  of  the  Federal  Arch,"  is  a  gross  misinter- 
pretation of  the  adoption  of  the  Declaration  of  Independence. 

From  the  Svinday  Dispatch  of  August  6,  1871. 

"Keystone  State."  —  In  your  issue  of  July  23d,  "D. 
W."  says : 

My  demand  for  contemporaneous  or  early  authority  for  the 
assertion  that  Jolin  Morton  gave  the  casting  vote  for  indepen- 
dence in  the  Pennsylvania  delegation  to  Congress  is  7iot.  met  by 
telling  me  that  Mr.  Lossing,  and  other  respectable  writers,  have 
said  that  he  did  so,  within  the  last  twenty,  thirty,  forty,  or  fifty 
years. 

As  the  Declaration  was  carried  in  the  Pennsylvania 
delegation,  July  4,  1776,  by  a  vote  of  three  to  two,  —  a 
majority  of  one,  —  it  is  clear  that,  had  the  last  member  voting 
in  the  affirmative  voted  instead  in  the  negative,  the  State 
would  have  so  declared.  Therefore,  this  one  member  held 
in  his  hands  the  casting  vote  of  his  State.  Of  those  voting 
in  the  affirmative,  to  wit:  Wilson,  Franklin,  and  Morton,  all 
historical  authority  —  contemporaneous  or  otherwise  —  agree 
in  according  the  honor  of  giving  this  casting  vote  to  Mr. 
Morton.  Contemporaneous  authority  in  this  case  consists  of 
standard  works,  written  and  published  during  the  lifetime 
of  prominent  signers  of  the  Declaration  of  Independence, 
from  whom  writers  could  obtain  reliable  information,  or  who 
could  correct  misstatements,  if  any  were  made.  For  the 
present,  we  subjoin  the  following  authority,  published  in  the 
year  1809 — sixty-two  years  old — and  contemporaneous  with 
the  following  illustrious  signers,  viz. :    Thomas  Heyward, 


76  A  HISTORY  OF  THE  ORIGIN  OF 

died  March  30tli,  1809;  Samuel  Chase,  June  19th,  1811; 
William  Williams,  August  2d,  1811 ;  George  Clymcr,  Jan- 
uary 28d,  1813;  Benjamin  Rush,  April  19th,  1813;  Robert 
Treat  Paiue,  May  11th,  1814;  Ell)ridge  Gerry,  November 
23d,  1814;  Thomas  McKean,  June  24th,  1817;  William 
Ellery,  February  15th,  1820;  William  Floyd,  August  1st, 
1821;  Thomas  Jetlerson,  July  4th,  1826;  John  Adams,  July 
4th,  1826 ;  and  Charles  Carroll  of  Carrollton,  November 
14th,  1832  — to  wit:  by  William  Allen,  D.  D.,  in  his 
"American  Biographical  Dictionary,"  (page  596,)  as  follows: 

He  (John  Morton),  in  1776,  voted  in  favor  of  tlie  Declara- 
tion of  In(le[)endence.  Had  he  voted  on  the  other  side,  the  voice 
of  Pennsylvania  would  have  been  against  the  Declaration,  as  the 
other  delegates  were  equally  divided  on  the  subject. 

Also  is  submitted  authority  published  in  1823  —  contem- 
poraneous, as  will  be  observed,  with  Thomas  Jefferson,  John 
Adams,  and  Charles  Carroll  —  to  wit :  Sanderson's  "  Biog- 
raphy of  the  Signers,"  (Vol.  VI.,  page  209,)  wdiereiu  he  says: 

Everything  depended  on  the  determination  of  Mr.  Morton. 
He  was  required  to  give  the  casting  vote  of  the  Pennsylvania 

delegation  —  a  vnfe  which  would  confirm  or  destroy  the  unanimity 
of  the  JJcclaration  of  Indejiendence. 

With  sucli  "  conteini)oraneous  and  early  authority,"  the 
eminent  historiograj)hers  —  Goodrich,  Bhd<.e,  Licber,  Apple- 
ton,  Conrad,  and  Lossing  —  could  not  do  other  tlian  agree 
and  corrobcjrate,  as  they  did.  It  is  also  corroborated  by 
the  inscription  on  Morton's  monument  at  Chester,  erected 
October  9ih,  1845.  Now,  will  "  D.  W."  please  give  equally 
good  "contemporaneous  or  early  authority"  corroborative  of 
A«  peculiar  views  on  the  subject?  He  should  do  so,  or,  like 
au  honorable  man,  frankly  admit  the  conclusiveness  of  the 
authorities  offered  for  his  candid  cousideration.  JustUia 
Jiat  coilum  mat. 


THE  A  PPELLA  TION  RE  YSTONE  ST  A  TE.  7  7 

From  the   Sunday  Dispatch  of  September  lO,   1871. 

"MoNKBARNS."  —  111  my  pursuit  after  facts,  regardless 
of  Avliom  it  may  affect,  I  still  press  "  D.  W.'s  "  and  my  ques- 
tion: What  contemporaneous  or  early  authority  is  there  that 
John  Morton  gave  the  casting  vote  of  the  Pennsylvania 
delegation  in  Congress  in  favor  of  independence  on  the 
fourth  of  July,  1776?  Will  "Keystone  State"  answer  it, 
if  he  has  it  in  his  power?  In  reference  to  contemporaneous 
evidence,  I  consider  letters,  or  official  records  of  the  date  of 
the  act  only,  as  coming  within  that  term.  In  default  of 
such,  then,  the  recollections  of  the  actors  are  certainly  admis- 
sible, at  any  distance  of  time,  if  consistent.  Mr.  Adams's 
letter  of  the  third  of  July,  (cited  by  "  Keystone  State  "  as 
having  been  written  on  the  fifth  of  July,)  although  other- 
wise quoted  correctly,  also  says :  "  The  second  day  of  July, 
177G,  will  be  the  most  memorable  epoch  in  the  history  of 
America.  I  am  apt  to  believe  that  it  will  be  celebrated  by 
succeeding  generations  as  the  great  anniversary  festival." 
He  says,  too,  —  unquestionably  in  the  same  letter,  —  "A 
resolution  was  passed  without  one  dissenting  colony."  The 
copy  now  before  me  was  printed  by  one  of  the  greatest,  if 
not  the  greatest,  contributors  to  American  history, /roni  the 
original;  and  there  can  be  no  mistake  in  the  fact  that  it  was 
written  the  day  before  the  events  occurred  which  we  are 
just  now  endeavoring  to  prove.  Incidentally,  however,  we 
may  observe  that  New  York  not  voting  does  not  implicate 
Mr.  Adams  in  an  untruth.  There  now  lies  before  me,  also, 
Mr.  McKean's  letter  to  Mr.  Dallas,  printed  by  Mr.  Dallas, 
which  is  in  correspondence  with  that  cited  from  Goodrich, 
dated  September  26,  1796,  (a  date  we  are  requested  to  re- 
member,) in  which  he  states :  "  Henry  Wisner,  of  the  State 
of  New  York,  was  also  in  Congress,  and  voted  for  indepen- 
dence." I  say  distinctly  that  the  memonj  of  the  venerable 
Chief  Justice  was  at  fault ;  nor  is  it  surprising  that,  after  a 
lapse  of  twenty  years,  he  should  confound  the  opinions  of  a 


78  A  HISTORY  OF  THE  ORIGIN  OF 

mau  with  his  actions.  Elbridge  Gerry  —  au  active  worker 
for  iudependeuce  in  and  out  of  Congress,  a  signer  of  the 
Declaration  itself,  and  subsequently  Vice-President  —  writes 
on  the  fifth  of  July,  1776,  to  James  Warren:  "A  deter- 
mined resolution  of  the  delegates  from  some  of  the  colonies 
to  push  the  question  of  indepciudence  has  had  a  most  happy 
eftect ;  and,  after  a  day's  debate,  all  the  colonies  exccptiny 
New  York — whose  delegates  are  not  empowered  to  give 
either  an  ijffirmative  or  a  negative  vote  —  united,"  etc.,  etc. 
Letters  of  Barauel  Adams,  of  Josiah  Bartlett,  and  of  John 
Adams  himself,  now  before  me,  explicitly  state  this  fact,  as 
well  as  Gerry.  But  let  us  turn  to  what  Henry  Wisner  him- 
self says  in  an  official  letter  to  the  power  appointing  him, 
July  2,  1776:  "The  important  question  of  independence 
was  agitated  yesterday  in  a  committee  of  the  whole  Con- 
gress, and  this  day  will  be  finally  determined  in  the  House. 
We  know  the  line  of  our  conduct  on  this  occasion.  We 
have  your  instructions,  and  we  will  faithfully  pursue  them. 
....  New  doubts  and  difficulties,  however,  will  arise, 
should  independence  be  declared,  and  that  it  will  not  we 
have  not  the  least  reason  to  expect ;  nor  do  we  believe  that 
(if  any)  more  than  one  colony,  and  the  delegates  of  that 
colony  divided,  will  vote  against  the  question  ;  every  colony, 
ours  only  excepted,  having  withdrawn  their  former  instruc- 
tions, and  having  either  positively  instructed  their  delegates 
to  vote  for  independence,  or  to  concur  in  such  vote."  The 
journals  of  the  New  York  Provincial  Congress  show  that 
this  letter  was  received  on  the  ninth  of  July,  and  also  a 
letter  indorsing  the  Declaration  of  Independence ;  and  that 
on  the  afternoon  of  the  same  day  it  a[)[)roved  the  same,  and 
promised  to  join  the  other  colonies,  etc.  In  the  letter  of 
Mr.  Gerry  of  the  fifth  of  July,  already  quoted,  he  also  says  : 
"  New  York  will  most  jjrobably  on  jMonday  next,  when  its 
convention  meets  for  forming  a  constitution,  join  in  the 
measure,  and  t}t,cii  it  will  be  entitled  the  uiiauimous  Declara- 


THE  A  PPELLA  TION  KB  YSTONE  ST  A  TE.  7  9 

tlon  of  the  thirteen  United  States  of  America."  The  first 
printed  journal,  (official,  1778,  John  Dunlap,  page  26,) 
under  date  of  July  4,  does  not  call  it  "wudiIihous;"  but  that 
word  was  inserted  in  engrossing  it  on  parchment  subse- 
quently. This  full  statement  is  furnislied  in  the  belief  that 
"  Keystone  State  "  is  a  searcher  for  the  truth  as  well  as  my- 
self; and  it  may  be  satisfactory  to  him  to  know  that  Mr. 
Bancroft  himself  had  not,  in  1865,  been  able  to  arrive  at 
the  facts  which  are  now  the  subject  of  my  investigation  and 
scrutiny. 

From  the  Sunday  Dispatch  of  September  17,  1871. 

"  D.  W."  —  "  Keystone  State  "  must  excuse  me  for  remain- 
ing unconvinced  that  Mr.  Morton  gave  the  casting  vote  in 
the  Pennsylvania  delegation  in  favor  of  independence  on 
the  fourth  of  July,  1776.  I  cannot,  therefore,  accept  his 
invitation  to  admit  the  conclusiveness  of  what  he  considers 
authorities  on  his  side  of  the  question.  Nor  do  I  feel  called 
upon  to  give  authority  for  what  he  considers  my  peculiar 
views  upon  the  subject.  "  Keystone  State  "  ought  to  know 
that  the  burden  of  proof  rests  upon  the  party  maintaining 
the  affirmative.  It  is  for  him  to  prove  that  Mr.  Morton 
gave  that  casting  vote ;  not  for  me  to  prove  that  he  did  not. 
It  is  a  principle  of  logic  that  a  negative  cannot  be  proved. 
I  asked  for  early  or  contemporaneous  evidence  in  support  of 
the  story  about  Mr.  Morton's  casting  vote,  and  "  Keystone 
State,"  in  answer  to  this,  produces,  as  his  first  witness,  Wil- 
liam Allen,  D.  D.,  who,  in  the  year  1809,  being  thirty-three 
years  after  1776,  published  a  "  Biographical  Dictionary." 
I  hold  him  to  be  neither  a  contemporaneous  nor  an  early 
witness  ;  but,  if  he  had  issued  his  book  in  1776,  instead  of 
1809,  what  he  asserts  would  be  no  evidence  in  support  of 
"  Keystone  State's  "  views.  Here  is  what  "  Keystone  State  " 
quotes  fi'om  the  reverend  doctor : 


80  A  HISTORY  OF  THE  ORIGIN  OF 

He  (John  Morton),  in  1776,  voted  in  favor  of  the  Declaration 
of  Independence.  Had  he  voted  on  the  other  side,  the  voice  of 
Pennsylvania  would  have  been  against  the  Declaration,  as  the 
other  delegates  were  equally  divided  on  the  subject. 

This  is  perfectly  true;  and  if  Wilson  had  voted  on  the 
other  side,  or  if  Franklin  had  voted  on  the  other  side, 
the  same  result  would  have  followed.  What  Dr.  Allen 
has  said  above  no  more  proves  that  Morton  gave  a 
casting  vote  than  it  proves  that  either  Wilson  or  Franklin 
gave  such  a  vote.  Dr.  Allen,  you  may  leave  the  stand ! 
We  shall  not  cross-examine  you.  You  do  not  appear  to 
know  anything  about  the  matter  respecting  which  you  were 
summoned  to  testify.  The  testimony  of  the  second  witness 
is  more  to  the  point.  It  is  Sanderson's  "  Biography  of  the 
Signers,"  published  in  1823,  being  forty-seven  years  after 
1776,  and  therefore,  in  accordance  with  the  common  use  of 
the  words,  neither  contemporaneous  nor  early.  The  notions 
of  "  Keystone  State  "  are  equally  novel  and  extraordinary. 
He  holds  the  statements  in  Sanderson's  book  to  be  contem- 
poraneous with  the  doings  in  1776,  because  several  of  the 
signers  of  the  Declaration  were  living  in  1823,  and,  as  he 
assumes,  did  not  contradict  those  statements.  Before  such 
an  attempt  at  reasoning  can  have  the  slightest  weight,  it 
will  be  necessary  for  "  Key.stone  State  "  to  prove  that  the 
signers  living  in  1823  read  the  work  of  Sanderson,  which 
will  be  very  difficult  for  him  to  do;  and  then  that,  having 
read  it,  none  of  them  contradicted  the  assertion  respecting 
Morton's  vote,  which  would  be  utterly  impossible  for  "  Key- 
stone State  "  to  do.  If  "  Keystone  State's  "  notion  of  the 
meaning  of  the  word  contemporaneous  were  correct,  tlien,  if 
Charles  Carroll  of  Carrolltun  was  now  living,  "  Keystone 
State's  "  own  assertion  as  to  what  occurred  in  1776,  ninety- 
five  years  ago,  would  be  a  contemporaneous  account.  Com- 
ment on  such  a  view  must  be  quite  unnecessary.  As  to  the 
inscrij)tion  on  Mr.  Morton's  tombstone,  that  has  no  weight. 


THE  APPELLA TION  KEYSTONE  STA TE.  81 

There  are  tombstones  that  do  not  give  the  dates  of  birth  and 
death  correctly,  and  some  which  give  the  name  of  the  per- 
son buried  below  incorrectly.  Sometimes  inscriptions  on 
tombstones  are  forgeries,  prepared  to  be  offered  in  evidence 
of  facts  in  dispute,  as  happened  in  England,  in  the  matter 
of  a  claim  to  a  peerage.  So  little  reliance  is  placed  upon 
such  inscriptions,  that,  when  we  wish  to  describe  a  person 
utterly  destitute  of  veracity,  we  say,  "he  lies  like  an  epitaph." 


oi«4c 


From  the  Sunday   Dispatch  of  September  24,  1871. 

"  Keystone  State."  —  When  "  Keystone  State  "  prepared 
his  article  Avhich  appeared  in  the  columns  of  the  Dispatch 
on  June  25,  his  sole  object  was  to  give  the  origin  of  the  term 
"  Keystone  State  "  as  applied  to  this  Commonwealth.  Hav- 
ing read  numerous  questions  in  the  newspapers,  all  of  which 
were  differently  answered,  and  having  in  vain  sought  the 
desired  information  from  those  whom  he  deemed  most  likely 
to  impart  it,  he  was  surprised  and  shocked  to  find  that  no 
one  could  enlighten  him  on  the  subject.  Such  lamentable 
ignorance  seemed  wholly  unaccountable.  Some,  who  were 
asked,  would  venture  an  opinion,  such  as  "  perhaps,  because 
of  her  geographical  position  in  the  original  thirteen  States," 
or,  "probably,  because  of  her  commercial  and  political  im- 
portance at  the  beginning  of  the  Revolutionary  War;"  and, 
in  one  instance,  a  gentleman  gravely  replied  that  "  Pennsyl- 
vania derived  the  name  '  Keystone  State'  from  the  circumstance 
of  a  bridge  having  been  built  over  Rock  Creek,  near  George- 
town, D.  C,  the  key-stone  or  central  block  in  the  arch  of 
which  bore  the  inscription,  Pennsylvania."  This  ridiculous 
jumbling  of  improbabilities  mortified  "  Keystone  State  "  to 
such  an  extent  that  he  resolved,  at  the  expense  of  time  and 
labor,  to  satisfy  himself  as  to  why  and  when  his  native  State 
secured  the  suggestive  appellation  she  now  deservedly  bears. 

JF 


82  A  HISTORY  OF  THE  ORIGIN  OF 

After  a  careful  and  impartial  consideration  of  the  geo- 
grapliical  theory,  it  was  rejected  for  the  following  reasons: 
First,  The  geographical  position  of  the  original  thirteen 
States,  taken  from  north-east  to  south-west,  or  vice  versa,  re- 
sembles an  "S,"  and  in  nowise  approaches  the  form  of  an 
arch  ;  and  granting,  as  has  been  argued,  that  tlie  arch  was 
merely  figurative  of  the  numerical  order,  what  becomes  of 
New  Jersey  ?  She  is  as  much  the  centre  as  Pennsylvania. 
"  Equality"  was  a  principle  well  understood,  and  held  sacred, 
by  the  patriots  of  the  Revolution,  and  no  particular  pre- 
eminence was  ascribed  to  our  State  because  she  was  the 
larger  of  the  two.  Had  there  been  no  Declaration  of  Inde- 
pendence, Pennsylvania  would  never  have  been  called  the 
"  Keystone  State ;"  but,  fortunately  for  the  cause  of  humanity, 
there  was  a  Declaration,  and  by  reason  of  the  peculiar  part 
she  played  in  that  political  act,  whose  unanimous  adop- 
tion startled  the  world,  she  gained  her  envied  appellation. 
"Keystone  State"  has  thoroughly  examined  the  legion  of 
authorities  extant,  which  mainly  agree  in  establishing  the 
following  facts:  That  on  the  fourth  of  July,  1776,  the  Decla- 
ration was  voted  for  and  adopted  by  every  colony  of  the 
thirteen ;  that  the  New  York  delegation,  contrary  to  the  in- 
structions given  by  the  Provincial  Congress  of  New  York, 
voted  on  that  day ;  that  the  action  taken  by  that  body  at 
White  Plains,  on  the  ninth  of  July  following,  was  a  mere 
confirmation  of  what  could  not  be  undone  ;  that  Pennsylvania 
was  the  last  State  to  vote ;  and  that  her  delegation  being 
equally  divided,  it  fell  to  the  lot  of  John  Morton  to  give  the 
casting  vote,  which  he  did  in  favor  of  independence,  thus 
securing  the  voice  of  Pennsylvania  and  the  unanimity  of 
the  States.  By  the  intre])idity  of  John  Morton,  the  great 
political  compact  was  sealed.  Immediately  after  the  solemn 
j)ledge  was  given  to  risk  lives,  fortunes,  and  honor  in  sus- 
taining and  perfecting  their  noble  work,  an  arch  containing 
thirteen  blocks,  representing  the  thirteen  States,  was  selected 


THE  A PPEL LA TION  KEYSTONE  STA  TE.  83 

as  being  enibleinatical  of  the  strciigtli  of  tlie  boud  wliich 
bound  them  together,  as  representing  the  amount  of  pressure 
they  could  resist  from  their  enemies,  and  as  also  showing 
how  every  block  formed  a  component  part  of  the  structure, 
which  never  could  have  been  completed  had  its  key-slone 
been  withhekl.  As  the  beautiful  arch  was  set  in  the  heavens 
as  a  token  of  God's  promise  to  man,  just  so  truly  was  the 
"arch  of  Liberty"  emblematical  of  the  unanimous  covenant 
agreed  to  by  our  forefathers  in  Congress,  July  4,  1776. 
"  Keystone  State  "  acknowledges  that  he  is  a  searcher  after 
truth,  the  above  being  a  part  of  what  he  found  in  the  records 
of  the  past.  "  Moukbarns  "  will  —  he  must  —  accept  the 
testimony  of  Botta,  Goodrich,  William  Allen,  Blake,  Sander- 
son, Lossing,  Dwight,  Lieber,  Brotherhead,  Pitkin,  Curtis, 
Paul  Allen,  etc.,  as  being  as  near  the  truth  as  could  be 
gotten.  "Monkbarus"  is  informed  that  the  Adams's  letters 
are  variously  quoted  as  dated  July  3  and  July  5,  1776. 
Many  standard  histories,  biographies,  etc.,  refer  to  them  as 
dated  July  5,  1776,  including  the  "  Pennsylvania  Historical 
Collection,"  at  page  570,  wherein  Adams  says  : 

Yesterday,  a  resolution  was  jiassed,  witliout  one  dissenting 
colony,  that  "  these  united  colonies  are,  and  of  right  ought  to 
be,  free  and  independent  States,"  etc.  ...  So  that  the  whole 
people  in  every  colony  of  the  thirteen  have  now  adojJted  it  as 
tlieir  own  act.  .  .  .  The  day  is  passed.  The  fourth  day  of 
July,  etc. 

He  is  also  informed  that  "  Keystone  State "  is  unwilling 
to  doubt  the  veracity  or  the  memory  of  Thomas  McKean, 
who,  not  only  in  one  letter,  but  in  several  letters,  states  ex- 
plicitly that  Henry  Wisner,  of  New  York,  voted  on  the  fourth 
of  July,  1776,  and  that  Ciesar  Rodney  did  not  apjjcar  in 
Congress  until  the  fourth  of  July,  1776.  This  latter  fact  is 
corroborated  by  the  distance  he  had  to  send,  viz.,  eighty 
miles  to  Dover,  making  the  gross  distance  travelled  one  hun- 


84  A  HISTORY  OF  THE  ORIGIN  OF 

dred  and  sixty  miles,  wliich,  in  tliose  day?,  -when  railroads 
were  unknown,  would  have  been  a  physical  impossibility  in 
the  time  allowed  by  "  Monkbarns,"  who  states  that,  when 
McKean  found  how  affairs  stood  on  the  first  of  July,  he  im- 
mediately dispatched  an  express  for  him,  and  had  him  there 
on  the  second  of  July. 

Below  is  given  a  copy  of  a  letter  from  INIcKean,  the  original 
of  which  is  in  possession  of  Mr.  Rodney,  of  Wilmington,  Dela- 
ware; a  fac-simile  of  it  is  contained  in  Brotherhood's  "Book 
of  the  Signers,"  pages  67,  G8  and  09,  and,  as  it  gives  much 
valuable  information  in  this  connection,  will  be  read  with 
interest. 

Philadelphia,  August  22,  1813. 

Dear  Sir:  —  Your  favor  of  the  22d  of  last  month,  with  a 
copy  of  the  "  Journal  of  Congress  "  at  New  York  in  October,  1765, 
printed  in  the  Baltimore  Register,  came  safe  to  hand.  Not  having 
heard  of  the  publication,  I  had  the  proceedings  of  that  body  (not 
the  whole)  reprinted  here,  about  a  month  ago,  from  a  copy  I 
found  in  the  first  volume  of  "  American  Tracts,"  (contaiiiod  iu 
four  volumes,  octavo,)  edited  by  J.  Almon,  of  London,  1707. 
Such  an  important  transaction  should  not  be  unknown  to  tlie 
future  historian.  I  recollect  what  passed  in  Congress  in  the 
beginning  of  July,  1776,  respecting  independence.  It  was  not  as 
you  have  conceived.  On  Monday,  the  first  of  July,  the  question 
was  taken  in  the  committee  of  the  whole,  when  the  State  of 
Pennsylvania,  represented  by  seven  gentlemen  then  present, 
voted  against  it.  Delaware,  then  having  only  two  representatives 
present,  was  divided.  AH  (he  other  States  voted  in  favor  of  it  ; 
whereupon,  without  delay,  I  sent  an  express  at  my  private  ex- 
pense for  your  honored  uncle,  Caesar  Rodney,  Esq.,  the  remaining 
member  for  Delaware,  whom  I  met  at  the  State  House  door,  in 
his  boots  and  spurs,  as  the  members  were  assembling.  After  a 
friendly  salutation,  without  a  word  on  the  business,  we  went  into 
the  hall  of  Congress  together,  and  found  we  were  among  the 
latest.  Proceedings  immediately  commenced,  and  after  a  few 
minutes  the  great  question  was  calli'<l.  Ynur  honored  uncle  rose 
and  said:  "As  1  believe  the  voice  of  my  constituents,  and  of  all 


THE  A PPELLA TION  KEYSTONE  ST.  1  TE.  85 

fair,  sensible,  and  honest  men  is  in  favor  of  independence,  and  as 
my  own  judgment  concurs  with  them,  I  vote  for  independence," 
or  words  to  that  effect.  77ie  State  of  Pennsylvania,  on  the  fourth 
of  July,  (there  being  only  five  members  present  —  Messrs.  Dick- 
inson and  Morris,  who  in  the  committee  of  the  whole  had  voted 
against  independence,  were  absent,)  voted  for  it,  three  to  two  — 
Messrs.  Willing  and  Humphreys  in  the  negative.  Unanimity  in 
the  thirteen  States,  an  all-imjjortant  point  on  so  great  an  occasion,  was 
thus  obtained.  27ie  dissent  of  a  single  State  might  have  produced 
very  dangerous  consequences.  Now,  that  I  am  on  this  subject,  I 
will  tell  you  some  truths  not  generally  known.  In  the  printed 
public  "Journal  of  Congress"  for  1776,  Vol.  II.,  it  would  appear 
that  the  Declaration  was  signed  on  the  fourth  of  July,  177G,  by 
the  members  whose  names  are  there  inserted  ;  but  the  i'act  is  not 
so.  No  person  signed  it  on  that  day,  nor  for  many  days  after ; 
and,  among  the  names  subscribed,  one  was  against  it,  (Mr.  Read,) 
and  seven  were  not  in  Congress  on  that  day,  viz. :  Messrs.  Mor- 
ris, Eush,  Clymer,  Smith,  Taylor,  and  Ross  of  Pennsylvania,  and 
Thornton  of  New  Hampshire;  nor  were  the  six  last  named 
members  at  that  time.  The  five  for  Pennsylvania  were  appointed 
delegates  by  the  convention  of  that  State  on  the  twenty-sixth  of 
July,  and  Mr.  Thornton  entered  Congress  for  the  first  time  on 
the  fourth  of  November;  while  the  names  of  Henry  Wisner,  if 
New  York,  and  Thomas  McKean,  of  Delaware,  were  not  printed  as 
subscribers,  though  both  were  present,  and  voted  for  independence. 

The  writer  of  the  letter  charges  that  "  fal.'se  colors  are 
hung  out,"  that  there  is  "  culpability  somewhere,"  and  con- 
cludes thus:  "You  may  rely  on  the  accuracy  of  the  foregoing 
relation.  It  is  full  time  to  print  and  publish  the  secret  journal 
of  Congress  during  the  Revolution."  The  following  letter, 
also,  from  Thomas  McKean  to  his  Excellency,  John  Adams, 
dated  January,  1814,  (see  Niles's  "  Weekly  Kegister,"  Vol. 
XII.,  page  307,)  in  reply  to  a  letter  from  Mr.  Adams  request- 
ing him  to  write  a  history  of  the  events  of  1776,.  at  once 
proves  the  confidence  tliat  Mr.  Adams  had  in  the  great 
ability  and  reliability  of  Mr.  McKean.  In  tliis  letter  Mr. 
McKean  states  substantially  the  same  facts  as  are  referred 


86  A  HISTORY  OF  THE  ORIGIN  OF 

to  by  Mr.  Adams  iu  his  letter  of  the  fifth  of  July,  as  given 
above,  with  the  additioual  fact  of  his  sending  for  Mr.  Rodney, 
0^  follows : 

Though  I  shall  never  write  a  history,  I  will  give  you  an 
additional  fact  [meaning  his  sending  for  Rodney)  respecting 
independence  which  may  amuse,  if  not  surprise  you.  On  the  first 
of  July,  1776,  the  question  was  taken  in  committee  of  the  whole 
of  Congress,  when  Pennsylvania,  represented  by  seven  members 
then  present,  voted  against  it  four  to  three.  Among  the  majority 
were  Robert  Morris  and  John  Dickinson.  Delaware,  having 
only  two  members  present  —  namely,  myself  and  Mr.  Read  — 
was  divided.  All  the  other  States  voted  in  favor  of  it.  The  report 
was  delayed  until  the  fourth,  and  in  the  meantime  I  sent  an 
express  for  Caesar  Rodney  to  Dover,  in  the  county  of  Kent,  in 
Delaware,  at  my  private  expense,  whom  I  met  at  the  State  House 
door,  on  the  fourth  of  July,  in  his  boots.  He  resided  eighty  miles 
from  the  city,  and  just  arrived  as  Congress  met.  The  question 
was  taken.  Delaware  voted  in  favor  of  independence.  Penn- 
sylvania (there  being  five  members  j^resent  —  Messrs.  Dickinson 
and  Morris  absent)  voted  also  for  it  [meaning,  of  course,  last). 
Messrs.  AVilling  and  Humphreys  were  against  it.  Thus  the 
thirteen  States  were  unanimous  in  favor  of  independence. 

In  this  same  letter  he  also  charges  "  that  false  colors  are 
certainly  hung  out,"  "  there  is  culpability  somewhere,"  etc., 
etc.  These  letters,  "  Monkbarns  "  will  observe,  corroborate 
the  truth  of  the  date  of  John  Adams's  letter  to  his  wife  as 
printed  in  the  "  Pennsylvania  Historical  Collection,"  to  wit, 
July  5, 1776;  and  also  that  the  votes  on  the  first  and  second 
were  merely  votes  on  Lee's  resolution ;  and  that  there  was  not 
a  re])resentation  from  all  the  colonies  in  Congress,  on  either 
the  first  or  the  second,  to  insvire  unanimity ;  and  that  New 
York,  contrary  to  the  instructions  of  her  Provincial  Congress, 
voted  ou  the  fourth  of  July,  A.  D.  177G;  and,  iinally,  tiiat  the 
Declaration  was  unanimously  adopted  by  the  wliole  thirteen 
colonies  on  that  day.  It  is  hardly  to  be  su]>posed  that  his- 
torians would,  at  the  risk  of  their  reputation  as  such,  and  at 


THE  APPELLATION  KEYSTONE  STATE.  87 

a  loss  of  years  of  toil,  make  use  of  matter  in  their  respective 
works  which  had  no  foundation  in  fact.  Thomas  McKean, 
in  speaking  of  "  false  colors  "  and  "  culpability,"  no  doubt 
referred  to  numerous  errors  then  extant  concerning  the  vote 
on  the  Declaration. 

From  the  Sunday  Dispatch  of  October  1,  1871. 

"Fourth  of  July."  —  What  contemporaneous  authority 
has  Mr.  Westcott,  in  his  "  History  of  Philadelphia,"  for  the 
statement  that  Caesar  Rodney  was  in  his  place  in  the  Conti- 
nental Congress  on  the  second  of  July,  1776?  If  Csesar 
Rodney  did  not  arrive  in  Philadelphia  until  the  fourth  of 
July,  (see  Thomas  McKean's  letter  to  Rodney's  nephew, 
Brotherhead's  ''  Book  of  the  Signers,"  page  67,)  what  au- 
thority has  he  for  the  statement  that  Delaware  voted  for  the 
Declaration  on  the  second  ?  In  referring  to  the  letters  writ- 
ten by  John  Adams  to  his  wife  on  the  day  following  the 
Declaration  of  Independence,  historians  differ  as  regards  the 
date  —  some  giving  it  as  the  third,  and  others  as  the  fifth 
of  July.  Where  can  the  original  letters  be  seen,  or  n  fac- 
simile of  them  be  had  ?  Also,  what  book  contains  a  copy  of 
the  letter  written  by  Elbridge  Gerry  on  the  fifth  of  July, 
1776,  to  General  Warren?  ....  It  is  true  that  Thomas 
McKean,  in  his  letter  to  Csesar  Rodney,  which  was  writ- 
ten August  22,  1813,  —  being  more  than  thirty-seven  years 
after  the  Declaration  of  Independence,  —  after  stating  that 
he  had  sent  an  express  to  Ca3sar  Rodney  when  the  vote,  on 
the  first  of  July,  upon  Lee's  resolution  was  taken,  says  that 
the  latter  came  in  the  State  House  on  the  fourth  of  July, 
1776.  But  this  statement,  although  correct  as  to  the  cir- 
cumstances connected  with  Rodney's  coming  from  Dela- 
ware, is  incorrect  in  the  date,  as  is  shown  by  other  evidence. 
McKean  himself  speaks  of  the  proceedings  on  the  first  of 


88  A  HISTORY  OF  THE  ORIGIN  OF 

July,  wlieu  Delaware  was  divided,  after  whicli  he  sent  to 
Koduey.  But  the  vote  of  the  latter,  as  is  evident  from  the 
context  of  McKeau's  letter,  was  given  upon  the  resolution 
of  independence,  to  secure  the  passage  of  which  the  pres- 
ence of  Kodney  was  necessary.  It  has  been  assumed  that 
Kodney  was  at  some  great  distance  in  Delaw^are  ;  but  there 
is  nothing  to  show  where  he  was  on  the  first  of  July.  He 
might  not  have  been  in  Delaware  at  all.  Mr.  Jefferson's 
notes  —  which  are  the  nearest  contemporary  evidence  which 
"we  have — are  very  clear  upon  the  point  of  the  position  of 
Delaware  upon  the  resolution  of  independence.  Thus  he 
says,  speaking  of  proceedings  on  the  first  of  July,  177G,  upon 
Lee's  resolution  of  independence,  (see  Randall's  "  Life  of 
Jefferson,"  Vol.  I.,  pages  169-170:) 

South  Carolina  and  Pennsylvania  voted  against  it.  Delaware 
had  but  two  members  present,  and  they  were  divided.  The  dele- 
gates from  New  York  declared  they  were  for  it  themselves,  and 
Avere  assured  that  their  constituents  were  for  it;  but  that  their 
instructions  having  been  drawn  nearly  a  twelvemonth  before, 
when  reconciliation  was  still  the  general  object,  they  were  en- 
joined to  do  nothing  wliich  would  impede  that  object.  They 
therefore  thought  themselves  not  justifiable  in  voting  on  either 
side,  and  asked  leave  to  withdraw  from  the  question,  which  was 
given  them. 

The  ultimate  question  —  whether  the  House  would  agree  to  the 
resolution  —  was  postponed  to  the  next  i\i\y,  when  it  was  again 
moved,  and  South  Carolina  concurred  in  voting  for  it.  In  the 
meantime  a  member  had  come  from  the  Delaware  counties,  and 
turned  the  vote  of  that  colony  in  favor  of  the  resolution.  Mem- 
bers of  a  different  sentiment  attending  that  morning  also  from 
Pennsylvania,  her  vote  was  changed,  so  that  the  whi)le  twelve 
colonies  who  were  authorized  to  vote  at  all  gave  their  voices  for 
it;  and  within  a  iew  days  the  convention  of  New  York  approved 
of  it,  and  thus  supi)lied  the  void  occasioned  by  the  withdrawing 
of  her  delegates  from  the  vote. 


THE  A  PPELLA  TION  KE  YSTONE  ST  A  TE.  8  9 

John  Adams  confirms  tliis  statement,  as  to  tlie  vote  of 
Delaware  having  been  given  on  tlie  second  of  Jnly,  in  his 
letter  to  his  wife,  dated  Jnly  3,  1776,  in  which  he  says: 
"  Yesterday,  the  greatest  question  was  decided  which  ever 
was  debated  in  America ;  and  a  greater  never,  perliaps,  was, 
nor  will  be,  decided  among  men.  A  resolution  passed,  ivith- 
out  one  dissenting  colony,  that  these  colonies  are,  and  of  right 
ought  to  be,  free  and  independent  States."  It  will  be  seen, 
therefore,  that  there  was  no  dissenting  colony  on  the  second 
of  July,  which,  if  the  vote  of  Delaware  had  been  divided 
between  Read  and  McKean,  there  would  have  been.  Ilod- 
ney's  vote  took  Delaware  out  of  the  position  of  a  dissenting 
colony.  The  letter  of  John  Adams,  we  know,  is  frequently 
quoted  with  the  date,  "  July  5,  1776."  This  is  an  error 
which  can  only  be  accounted  for  by  the  supposition  that,  in 
the  numerous  republications  which  have  been  made  of  it, 
some  patriotic  compositor  or  proof-reader  who  found  the  date 
July  3,  and  was  ignorant  of  the  great  importance  of  the 
resolution  passed  on  the  second  of  July,  and  who  naturally 
supposed  that  Mr.  Adams  must  have  referred  to  the  Decla- 
ration, changed  the  data  in  order  to  make  it  —  as  he  sup- 
posed—  correct.  In  this  blunder,  we  are  sorry  to  say,  the 
compiler  of  the  matter  contained  in  the  collections  of  the 
Historical  Society  of  Pennsylvania  has  allowed  himself  to 
be  deceived.  The  true  date  is  July  3,  1776.  The  subject- 
matter  is  the  resolution  passed  on  the  second,  and  the  letter 
will  be  found  correctly  printed  in  "  The  Work  of  John 
Adams,  second  President  of  the  United  States,  wuth  the  life 
of  the  author,  notes  and  illustrations,  by  his  grandson, 
Charles  Francis  Adams,"  (Vol.  HI.) The  letter  of  El- 
bridge  Gerry  to  James  Warren,  which  shows  that  New  York 
did  not  vote  on  the  question  of  independence  on  the  first, 
second,  or  fourth  of  July,  1776,  will  be  found  in  Austin's 
"  Life  of  Elbridge  Gerry." 
8* 


90  A  HISTORY  OF  THE  ORIGIN  OF 

From  the  Sunday  Dispatch  of  October  8,  1S71. 

"D.  W."  —  The  pertinacity  with  which  "Keystone  State" 
adheres  to  the  baseless  tradition  of  John  Morton's  casting 
vote  is  truly  surprising.  In  his  communication  published 
on  the  twenty-fourth  of  September,  he  gives  an  extract  from 
Thomas  McKean  to  John  Adams,  setting  forth  that  on  the 
first  of  July  Pennsylvania  voted  against  independence,  and 
that  Delaware  was  divided  —  McKean  voting  for  indepen- 
dence and  Read  voting-  against  it ;  that  he  sent  an  express 
for  Ctesar  Rodney,  who  reached  Philadelphia  on  the  fourth 
of  July ;  after  which  he  adds  that  "  the  question  was  taken. 
Delaware  voted  in  ftvvor  of  independence.  Pennsylvania 
(there  being  five  members  present)  voted  also  for  it."  And 
to  this  "  Keystone  State  "  appends,  in  parentheses,  the  words, 
"  meaning,  of  course,  last."  Nothing  of  the  kind  can  be  in- 
ferred from  Mr.  McKean's  letter.  As  the  other  States  had 
always  voted  for  independence,  (except  New  York,  which 
did  not  vote,  owing  to  the  want  of  instructions,)  there  was 
no  call  to  speak  of  more  than  Pennsylvania  and  Delaware. 
It  is  to  be  presumed  that  they  voted  then  as  on  all  other  oc- 
casions, beginning  with  New  Hampshire  and  ending  with 
Georgia,  in  which  order  the  names  of  the  signers  are  ap- 
pended to  the  Declaration. 


o>*ic 


Extract  from  an  article,  enlftled,  "Causes  wliieh  led  to 
An^eriean  Independence,"  in  the  Sunday  Mercury  of  No- 
vember li2,  1871. 

The  next  person  to  whom  our  attention  is  directed  is  John 
Morton,  a  signer  from  Pennsylvania.  It  is  a  well-known  and 
established  fact,  that  he  gave  the  casting  vote  of  the  Pennsyl- 
vania delegation,  on  the  fourth  of  July,  in  favor  of  indepen- 
dence ;  thereby,  as  Thomas  McKean  says,  securing  unanimity, 
—  an  all  -  important  point.     After  the  vote  had  been  taken 


THE  APPELLATION  KEYSTONE  STATE.  91 

in  the  committee  of  the  whole,  on  the  first  of  July,  it  was 
certain  that  Pennsylvania  would,  by  a  majority  of  her  dele- 
gation, be  against  independence.  It,  tlierefore,  became 
necessary  to  use  means  to  secure  her  assent.  One  dissenting 
colony,  and  the  most  disastrous  consequences  might  ensue. 
The  fourth  of  July  dawned  ;  Congress  assembled ;  all  the 
States,  except  Delaware  and  Pennsylvania,  had  voted.  Han- 
cock purposely  delayed  calling  them  until  he  was  sure  of 
their  votes.  Csesar  Rodney,  in  his  boots  and  spurs,  arrived, 
and,  along  with  McKeau,  secured  Delaware.  Hancock  still 
delayed,  for  there  were  only  four  of  the  Pennsylvania  dele- 
gation present.  Two  of  them  were  in  favor  of,  and  two  op- 
posed to,  independence.  It  has  been  asserted  that  Samuel 
Adams  used  his  influence  to  keep  Morris  and  Dickinson 
away ;  but  another  vote  was  necessary.  The  absentee  was 
John  Morton.  He  was  being  importuned  by  his  friends,  who 
thought  only  of  their  interests,  to  vote  against  the  measure. 
They  followed  him  to  the  hall,  and  in  the  entry  leading 
thereto,  in  reply  to  a  well-meaning  friend,  he  said :  "  Yes, 
sir,  I  will  vote  for  independence;  and  you  will  live  to  see  the 
day  when  you  will  acknowledge  it  to  have  been  the  most 
glorious  service  that  I  have  ever  rendered  my  country." 
He  reiterated  the  same  sentiment  on  his  death-bed.  He  en- 
tered; Hancock  saw  him,  and  Pennsylvania  was  called,  and 
he  decided  the  ])romulgatiou  of  that  document  which  has 
taken  its  place  among  the  gnsatest  State  papers  ever  pro- 
duced by  the  pen  of  man.  John  Morton  was  honored  by 
several  places  of  trust  prior  to  his  admission  to  Congress. 
Unfortunately  for  him,  he  was  the  first  to  die  after  the 
adoption  of  the  Declaration,  thereby  cutting  short  a  life 
which  must  have  been  more  highly  honored  in  the  years 
following  his  casting  vote. 


92  A  HISTORY  OF  THE  ORIGIN  OF 

Extract  from  an  article,  entitled,  "Causes  which  led  to 
American  Independence,"  in  the  Sunday  IVIereury  of  No- 
vember 19,  1871. 

The  fourth  of  July,  1776,  dawned  —  the  day  upon  which 
the  Magna  Charta  of  Freedom  was  to  be  tried  for  its  life.  It 
was  pregnaut  with  unknown  events ;  the  happiness  and 
prosperity  of  the  members  themselves,  and  of  their  posterity, 
depended  upon  their  determination,  their  hearty  approval,  and 
unanimity.  It  was  a  grand  document,  and  destined  to  work 
out  a  greater  result  in  the  advancement  of  the  human  race, 
than  any  political  protocol  which  had  ever  preceded  it.  Its 
language  was  plain  and  unequivocal;  there  was  no  sophistry 
in  its  reasoning,  no  hidden  or  unmistakable  meaning  in  its 
phrases.  It  was  a  plain  and  frank  relation  of  their  wrongs, 
and  a  determined  people  were  willing  to  be  the  executives 
in  carrying  its  principles  to  a  full  and  glorious  fruition.  They 
were  equal  to  the  emergency.  They  had  been  reared  in  the 
lap  of  toil  and  hardy  adventure,  and  felt  that  trying  and 
bloody  scenes  would  ensue.  The  ire  of  an  insulted  kingdom, 
against  W'hich  rebellion  in  its  broadest  acceptation  was  to  be 
instigated,  must  be  appeased  or  successfully  resisted.  Either 
the  hitherto  considered  invincibility  of  England's  military 
prowess  was  to  be  rent  asunder,  or  his  majesty's  unruly  sub- 
jects in  America  reduced  to  a  condition  worse  than  slavery, 
and  their  leaders  hung  for  treason.  Tyranny  and  despotism 
must  either  receive  decisive  checks,  or  freedom  be  riveted  in 
eternal  chains. 

There  were  present  in  Congress,  on  the  fourth  of  July,  forty- 
nine  members.  Rodney  had  arrived  from  Dover,  Del.; 
and  Thomas  McKean,  in  the  letter  referred  to  above,  says : 
"  I  sent  an  express  for  your  honored  uncle,  Cicsar  Rodney, 
Esq.,  the  remaining  member  from  Delaware,  whom  I  met  at 
the  State  House  door,  in  his  boots  and  spurs,  as  the  members 
were  assembling.  After  a  friendly  salutation,  without  a 
word  on  the  business,  we  went   into  the  hall  of  Congress 


THE  A  PPELLA TFON  KEYSTONE  STA TE.  93 

together,  and  found  we  were  amoDg  the  hite.st.  Proceedings 
immediately  commenced,  and  after  a  few  minutes  the  great 
question  was  called.  Your  honored  uncle  rose  and  said  : 
*As  I  believe  the  voice  of  my  constituents,  and  of  all  fair, 
sensible,  and  honest  men,  is  in  favor  of  inde])endence,  and  as 
my  own  judgment  concurs  with  them,  I  vote  for  indepen- 
dence,' or  words  to  that  effect." 

There  were  only  five  members  occupying  their  seats  from 
Pennsylvania  on  the  fourth  of  July,  (Dickinson  and  Morris 
being  abseut.)  She,  therefore,  voted  for  it  —  Messi's.  Hum- 
phreys and  Willing  in  the  negative,  and  Messrs.  Franklin, 
Wilson,  and  Morton  in  the  affirmative.  With  regard  hereto, 
there  seems  to  be  a  great  difference  of  opinion.  By  almost 
every  historian,  and  by  every  biographer  of  the  signers  of  the 
Declaration  of  Independence,  to  Mr.  Morton  has  been  as- 
signed the  honor  of  giving  the  casting  vote  of  the  Pennsyl- 
vania delegation  on  that  great  question ;  while,  on  the  other 
hand,  divers  newspaper  writers  contradict  the  same,  striving 
tliereby  to  throw  a  doubt  upon  the  veracity  of  the  historians. 
As  far  as  the  researches  for  the  preparation  of  these  articles 
are  concerned,  the  reader  will  reap  the  benefit,  and  be  allowed 
to  judge  for  himself. 

In  Sanderson's  "Biography  of  the  Signers,"  published  in 
1823,  (Vol.  VI.,  page  209,)  a  contribution  of  Robert  Wain, 
Jr.,  revised  and  verified  by  the  author,  will  be  found  the  fol- 
lowing of  Judge  John  Morton :  "  But  the  point  on  which  his 
claims  to  the  grateful  recollection  of  posterity  principally 
depends,  is  involved  in  the  act  of  granting  his  support  and 
affixing  his  signature  to  the  Declaration  of  Independence," 
and  that,  "  in  deliberating  on  the  momentous  subject  of  in- 
dependence, Mr.  Morton  found  himself  called  upon  to  act 
with  firmness  and  decision  on  a  most  trying  and  responsible 
occasion.  It  is  a  fashionable  thing  at  the  present  day,  and  one 
which  constitutes  a  large  proportion  of  the  pseudo  patriot's 
claims  to  distinction,  to  rail  without  mercy  or  discrimination 


94  A  niSTORY  OF  THE  ORIGIN  OF 

against  all  those  who  at  any  time  —  either  before  or  after  its 
adoption  —  have  dared  to  breathe  a  suggestion  against  the 
Declaration  of  Independence.  In  this  sweeping  condemna- 
tion, there  is  no  distinction  made  between  those  who  opposed 
the  principles  of  the  measure,  and  those  who  doubted  its 
expediency  at  the  particular  moment  of  its  adoption. 

"Now,  a  respectable  portion  of  the  most  earnest  and  un- 
shaken advocates  of  the  cause  —  men  who  never  were  and 
never  could  be  doubted  as  pure  and  irreproachable  patriots 
—  were  averse  to  sealing  the  separation  of  the  two  countries 
without  a  further  and  moi'e  serious  consideration  of  a  sub- 
ject so  pregnant  with  fearful  and  unknown  events.  No 
wonder,  then,  that  Mr.  Morton  experienced  the  most  intense 
anxiety  of  mind  when  he  was  called  upon  to  give  the  casting 
vote  of  the  Pennsylvania  delegation,  —  a  vote  which  would 
either  confirm  or  destroy  the  unanimity  of  the  Declaration 
of  Independence,  —  a  vote  involving  the  important  decision 
whether  the  great  State  of  Pennsylvania  should  or  should 
not  be  included  in  the  league  which  bound  her  sister  colonies 
together.  On  the  fourth  of  July,  1776,  when  the  question 
was  about  to  be  decided,  interest  was  excited  with  regard  to 
the  States  of  Delaware  and  Pennsylvania,  which  had  pre- 
viously voted  in  opposition  to  independence.  The  opportune 
arrival  of  Mr.  Rodney  secured  the  voice  of  Delaware,  and 
the  absence  of  two  adverse  members  of  the  Pennsylvania 
delegation  reduced  it  in  number  to  five  —  these  were  Wilson, 
Franklin,  Humphreys,  Willing,  and  Morton.  Messrs.  Wilson 
and  Franklin  were  decidedly  in  favor  of,  and  Messrs.  Hum- 
phreys and  Willing  opposed  to,  the  measure.  Everything 
rested  on  the  determination  of  Mr.  INIorton ;  the  interests  of 
one  of  the  largest  States  on  the  continent  were  at  stake ;  its 
secession  from  the  common  cause  might  have  been  produc- 
tive of  the  most  pernicious  consequences ;  and  the  honor  of 
the  country  and  of  the  cause  demanded  cordiality  and  una- 
nimity.    He  enrolled  his  vote  in  favor  of  independence;  but 


THE  A  PPELLA  TION  KE  YSTONE  ST  A  TE.  9  5 

the  mental  anxiety  Avhicli  he  experienced  in  so  novel  and 
solemn  a  situatiou,  and  the  great  respons^ibility  which  he  had 
incurred,  in  case  the  measure  should  be  attended  with  dis- 
astrous results,  preyed  upon  his  peace,  and  is  confidently 
said  to  have  accelerated,  if  it  did  not  cause  his  dissolution." 
Lossing,  in  his  "  Lives  of  the  Signers,"  published  in  1848, 
page  113,  says : 

The  delegation  from  Pennsylvania  then  present  were  equally 
divided  in  opinion  upon  the  subject  of  independence,  and  Mr. 
Morton  was  called  on  officially  to  give  a  casting  vote  for  that 
State.  This  was  a  solemn  responsibility:  it  was  for  him  to 
decide  whether  there  should  be  a  unanimous  vote  of  the  colonies 
for  independence. 

Appleton's  "  New  American  Encyclopaedia,"  Vol.  II.,  page 
759,  says : 

John  Morton  signalized  himself  by  giving  the  casting  vote  of 
Pennsylvania  in  favor  of  independence. 

AVilliam  Allen,  D.  D.,  in  his  "American  Biographical  Dic- 
tionary," published  in  1809,  revised  and  corrected  in  1829, 
page  596,  says : 

He  (John  Morton),  in  1776,  voted  in  favor  of  the  Declaration 
of  Independence.  Had  he  voted  on  the  other  side,  the  voice  of 
Pennsylvania  would  have  been  against  the  Declaration,  as  the 
other  delegates  were  equally  divided  on  the  subject. 

The  testimony  in  attestation  of  the  above  is  voluminous, 
and  would  worry  out  the  patience  of  any  reader  who  is  not 
particularly  blessed  with  an  overstock  of  Job's  great  virtue. 
Step  by  step,  as  Ave  proceed,  it  is  our  intention  to  sift  every- 
thing, give  it  its  true  coloring,  and  enable  the  reader  to 
form  his  own  ideas  as  to  which  is  and  which  is  not  the  true 
history  of  the  "promulgation  of  the  glorious  diploma  of 
American  freedom." 


96  A  HISTORY  OF  THE  ORIGIN  OF 

Extract  from  an  article,  entitled,  "Causes  which  led  to 
American  Independence,"  in  the  Sunday  Mercury  of  No- 
vember 26,  1871. 

It  has  been  stated  that  all  the  history  of  the  casting  vote 
was  devised  or  originated  from  a  lie  on  a  tombstone,  —  mean- 
ing, of  course,  the  inscription  on  John  Morton's  tomb.  The 
absurdity,  and,  it  might  be  added,  the  utter  falsity  of  this  asser- 
tion is  plainly  discernible  when  it  is  remembered  that  Sander- 
son's "Biography"  was  published  in  1823,  and  the  monument 
was  not  erected  until  1845  —  twenty-two  years  afterwards. 

In  preparing  these  articles,  it  was  the  intention  of  tlie 
writer  to  enlighten  the  public  mind  upon  important  transac- 
tions concerning  the  Declaration  as  nearly  as  possible,  and 
give  the  facts  as  they  really  occurred,  no  matter  whom  or 
what  they  might  affect. 

In  searching  after  matter,  much  has  been  found  stowed 
away  on  the  dusty  shelves  of  our  libraries  that  was  con- 
sidered important,  and  which  will  have  a  tendency  to  bring 
out  of  obscurity  the  true  history  of  the  Declaration  of  In- 
dependence. It  is  impossible  to  state  upon  what  grounds 
the  descendants  of  Morton  based  the  truth  of  the  epitaph 
engraved  upon  this  monument.  It  may  have  been  a  family 
tradition  handed  down  from  father  to  son,  and  probably  ex- 
aggerated with  each  succeeding  generation  —  the  proofs  of 
which  may  have  long  since  been  destroyed.  Be  that  as  it 
may,  in  an  old  work  by  Paul  Allen,  Esq.,  entitled  the 
"  History  of  the  American  Revolution,"  published  in  1819, 
Vol.  I.,  pp.  844,  345,  (Mercantile  Library,  26  A,  No.  3,)  the 
following  was  found,  and  it  proves  that  the  Morton  family 
had  good  historical  auth(n-ity  for  placing  the  epitaph  on  the 
tomb  of  their  honored  ancestor.  If  they  did  not  derive 
their  knowledge  from  Paul  Allen's  history,  so  much  the 
better,  for  then  the  one  corroborates  the  other.  The  follow- 
ing is  the  extract: 

On  the  day  agreed  upon  for  the  consideration  of  Mr.  Leo's 
motion,  the  first  of  July,  Congress  resolved  itself  into  a  committee 


THE  APPELLATION  KEYSTONE  STATE.  97 

of  the  whole.  Tlie  debate  contimieil  for  three  daj/s  with  grout 
warmth.  It  had  been  dotcrmincd  to  take  the  vote  by  colonics, 
and  as  a  master-stroke  of  jjolicy — tlie  author  of  which  is  not 
known  to  history  —  it  had  been  proposed  and  agreed  that  the  deci- 
sion on  the  question,  whatever  might  be  the  real  state  of  the  votes, 
should  appear  to  the  world  as  the  unanimous  net  of  Congress.  On 
the  first  question,  six  of  the  colonies  were  in  the  affirmative  and  SIX 
in  the  negative.  Pennsylvania  being  xvithout  a  vote,  by  a  division  of 
her  delegates.  What  an  awful  moment  was  this  for  tiie  sanguine 
friends  of  freedom  !  In  this  state  of  the  business,  it  is  said,  on  au- 
thority of  evidence  afterwards  adduced  before  the  British  Parlia- 
ment, that  one  of  the  delegation  was  brought  over  to  the  side  of 
independence. 

Sanderson,  Lossing,  Appleton,  Blake,  and  Wm.  Allen, 
D.  D.,  are  more  explicit  in  their  description ;  and  we  are 
led  to  believe  that  the  "  one  of  the  delegation  "  referred  to 
by  Paul  Allen  was  John  Morton. 

If  a  proper  view  of  this  matter  is  taken,  there  can  be  no 
inconsistency  about  the  statement.  If  the  reader  is  unprej- 
udiced, and  on  the  j)roduction  of  proof  will  be  convinced, 
he  or  she  must  certainly  conclude  that  when  five  persons 
vote,  (the  number  of  the  Pennsylvania  delegation  in  Con- 
gress on  July  4th,  1776,)  some  one  of  them  must  have  voted 
last ;  and  if  two  voted  one  way,  or  in  the  aflirmative,  and 
two  another,  or  in  the  negative,  the  one  who  had  yet  to  vote 
had  the  deciding  of  the  question  either  one  way  or  the  other. 
If  he  voted  in  the  negative,  it  Avould  be  so  decided,  and  vice 
versa. 

It  may  be  that  no  particular  honor  was  awarded  John 
Morton  at  the  time,  for  voting  for  that  which  he  was  known 
to  favor.  But,  dear  reader,  remember,  with  Sanderson  and 
Lossing,  and  numerous  other  writers,  That  it  was  a  vote 
which  would  confirm  or  destroy  the  unanimity  of  the  Dec- 
laration of  Independence;  that  it  was  a  fearful  and  solenm 
responsibility ;  that,  in  the  event  of  ill-success,  it  would  be 
indirectly  traceable  to  him,  and  you  can  imagine  his  feelings, 
9  G 


98  A  HISTORY  OF  THE  ORIGIN  OF 

and  not  wonder  tliat  the  dark  days  which  followed  its  passage 
on  the  fourth  of  July  hastened  his  dissolution. 

It  has  heen  contended  that  no  particular  honor  should  be 
ascribed  to  John  Morton  for  voting  for  independence  on  the 
fourth  of  July,  when  he  had  already  voted  for  it  on  the  first. 
This  is  an  exceedingly  small  view  of  the  matter  —  a  reflec- 
tion on  the  actions  of  statesmen  in  a  broad  sense.  No  man 
who  desires  to  send  down  to  posterity  a  character  unsullied, 
would  legislate,  in  times  like  those,  to  benefit  the  few,  in 
direct  opposition  to  the  wishes  of  the  many.  On  the  first 
of  July,  John  Morton  merely  represented  his  constituents. 
He  had  favored  independence  when  he  thought  it  could  be 
successfully  accomplished.  His  constituents  knew  this,  and 
he  was  returned  to  the  bod}^  who  were  to  deliberate  on  this 
important  measure.  Like  many  other  great  men,  he  thought 
the  time  had  come,  and  when,  on  the  fivst  of  July,  the  meas- 
ure was  proposed,  in  the  presence  of  the  whole  Pennsylvania 
delegation  he  voted  in  its  favor,  and  was  among  the  minority. 
On  the  fourth  of  July,  the  circumstances  were  widely  dif- 
ferent :  the  whole  Pennsylvania  delegation  were  not  there, 
or,  if  they  wer3,  they  did  not  occupy  their  seats.  Morris 
and  Dickinson  were  the  absentees.  Hence  the  Pennsylvania 
delegation  consisted  of  but  five  men,  two  of  whom  —  viz.: 
Messrs.  Willing  and  Humphreys — were  known  not  to  favor 
the  Declaration.  When  the  name  of  John  Morton  was 
called,  he  rose  to  record  his  vote.  What  tongue  can  de- 
scribe his  feelings?  His  vote  was  the  last  vote  of  that 
grand  body.  Every  State  had  recorded  its  vote  for  indepen- 
dence, with  the  exception  of  Pennsylvania.  All  her  delega- 
tion had  voted  except  him.  Two  to  two  the  record  stood  — 
a  tie  vote.  It  was  for  him  to  decide.  He  felt  that  the  dele- 
gation as  a  whole  were  opposed  to  independence ;  the  ad- 
monitions of  his  friends  had  made  an  impression  on  him  ; 
he  knew  that  oa  him  solely  and  alone  depended  unanimity 
in  the  all-important  measure.  Truly,  the  key-stone  wavered 
above  its  position.     In  direct  opposition  to  the  known  wishes 


THE  APPELLA  TION  KE YSTONE  STA  TE.  9 9 

of  a  majority  of  his  delegation,  he  voted  "  yes,"  and  at  that 
moment  the  compact  was  sealed  —  the  Federal  arch,  which 
has  since  withstood  the  shock  of  both  foreign  and  civil  war, 
was  complete.     All  honor  to  the  memory  of  John  iNIorton  ! 

It  has  been  contended,  and  is  laid  dow'n  in  standard 
histories,  that  the  New  York  delegation  did  not  vote  on  the 
fourth  of  July,  1776. 

While  it  is  true  that  they  were  instructed  by  the  Provincial 
Congress  of  the  State  of  New  York  to  withhold  their  mere 
acquiescence  for  awliile,  yet,  so  far  as  their  action  on  the  fourtli 
of  July  was  concerned,  they  all  voted  excepting  Alsop. 

The  following  extract  is  from  a  letter  to  Mr.  Dallas,  of 
Pennsylvania,  from  Thomas  McKean,  and  bears  date  Sep- 
tember 26,  1796 : 

Modesty  should  not  rob  any  man  of  his  just  honor,  when,  by 
that  honor,  his  modesty  cannot  be  ofl'ended.  ^ly  name  is  not  in 
the  printed  journals  of  Congress  as  a  party  to  the  Declaration  of 
Independence,  and  this,  like  an  error  in  the  first  concoction,  has 
vitiated  most  of  the  subsequent  publications;  and  yet  the  fact  is, 
that  I  was  then  a  member  of  Congress  for  the  State  of  Delaware, 
was  personally  present  in  Congress,  and  voted  in  favor  of  inde- 
pendence on  the  fourth  of  July,  1776,  and  signed  the  Declaration 
after  it  had  been  engrossed  on  parchment,  where  my  name,  in  my 
own  handwriting,  still  appears.  Henry  Wisner,  of  the  State  of 
New  York,  was  also  in  Congress,  and  voted  in  favor  of  independence. 

This  allusion  is  made  to  Henry  Wisner  because  he  was  a 
member  of  Congress  when  they  expressed  their  approbation 
of  the  Declaration  of  Independence,  and  voted  in  favor  of  it. 
But  before  the  engrossed  copy  was  signed  by  the  several 
members,  he  had  left  Congress,  and  thus  failed  of  affixing 
his  name  to  that  memorable  instrument. 

The  New  York  signers  were  William  Floyd,  Philip  Liv- 
ingston, Francis  Lewds,  and  Lewis  Morris;  and  at  pages  184, 
190,  195,  and  201  of  Goodrich's  "  American  Biography,"  it 
will  be  found  that  each  of  the  above  voted  for  the  Declara- 
tion of  Independence  on  the  fourth  of  July. 


100  A  HISTORY  OF  THE  ORIGIN  OF 

Extract  from  an  article,  entitled,  "Causes  -which  led  to 
American  Independence,"  in  the  Sunday  Mercury  of  De- 
cember 3,  1871. 

The  following;  extract  from  Goodricli's  "American  Biog- 
raphy," page  201,  is  further  proof  that  the  New  York 
delegation  voted  on  the  fourth  of  July,  1776,  for  the  Decla- 
ration of  Independence,  and  also  a  corroboration  of  the 
statements  heretofore  made.  After  enumerating  the  numer- 
ous public  services  of  Lewis  Morris,  a  member  of  the  New 
York  delegation  to  the  Continental  Congress,  Goodrich  says  : 

"  But,  notwithstanding  this  prevalent  aversion  to  a  sep- 
aration from  Great  Britain,  there  were  many  in  the  colony 
who  believed  that  a  declaration  of  independence  was  not 
only  a  point  of  political  expediency,  but  a  matter  of  para- 
mount duty.  Of  this  latter  class,  Mr.  Morris  was  one  ;  and, 
in  giving  his  vote  for  that  Declaration,  he  exhibited  a 
patriotism  and  disinterestedness  which  few  had  it  in  their 
power  to  display.  He  was  at  this  time  in  possession  of  an 
extensive  domain  within  a  few  miles  of  the  city  of  New  York. 
A  British  army  had  already  landed  from  their  ships,  which 
lay  within  cannon-shot  of  the  dwelling  of  his  family.  A 
signature  to  the  Declaration  of  Independence  would  insure 
the  devastation  of  the  former  and  the  destruction  of  the 
latter.  But  upon  the  ruin  of  his  individual  property  he 
could  look  with  comparative  indifference,  while  he  knew 
that  his  honor  was  untarnished,  and  the  interests  of  his 
country  were  safe.  He  voted,  therefore,  for  a  separation  from 
the  mother  eouiitrij,  in  the  si)irit  of  a  man  of  honor  and  of 
enlarged  benevolence.  It  happened  as  was  anticipated. 
The  hostile  army  soon  spread  desolation  over  the  beautiful 
and  fertile  manor  of  Morrisiana.  His  tract  of  woodland  of 
more  than  a  thousand  acres  in  extent,  and,  from  its  proximity 
to  the  city,  of  incalculable  value,  was  destroyed  ;  his  house 
was  greatly  injured,  his  fences  ruined,  his  stock  driven  away, 
and  his  family  obliged  to  live  in  a  state  of  exile.     Few  men 


THE  APPELLATION  KEYSTONE  STATE.        101 

during  the  Revolution  were  called  to  make  greater  !^acrificcs 
than  Mr.  Morris ;  none  made  them  more  cheerfully.  It 
made  some  amends  for  his  losses  and  sacrifices  that  the 
colony  of  New  York,  vrhich  had  been  backward  in  agreeing 
to  a  declaration  of  independence,  unanimously  concurred 
in  that  measure  by  her  convention,  when  it  was  learned  that 
Congress  had  taken  that  step." 

Also,  in  reference  to  the  same  gentleman,  the  following 
corroborations  of  the  above  will  be  found  in  Sanderson's 
"  Biography  of  the  Signers  of  the  Declaration,"  Vol.  IX., 
page  145  —  the  life  of  Morris  in  said  volume  being  the  con- 
tribution of  the  Hon.  Edward  Ingersoll : 

"Although  the  colony  of  New  York  had  been  backward 
in  agreeing  to  the  proposed  attempt  to  establish  a  govern- 
ment independent  of  the  mother  country,  yet,  finding  such  a 
step  had  been  taken  Avith  the  concurrence  of  nearly  all  the 
other  colonies,  the  people  of  this  one  immediately  pronounced 
their  acquiescence  and  pledged  their  support.  The  conven- 
tion at  White  Plains  resolved  unanimously,  on  the  ninth  of 
July,  that  the  reasons  assigned  by  the  Continental  Congress 
for  declai'ing  the  united  colonies  independent  States  were 
cogent  and  conclusive;  and  that,  while  they  lamented  the 
cruel  necessity  which  rendered  that  measure  unavoidable, 
they  approved  of  the  same,  and  would  at  the  risk  of  their 
lives  and  fortunes  join  with  the  other  colonies  in  supporting 
it.  The  delegates  from  that  colony  to  the  Continental  Con- 
gress, who  had  ventured,  in  anticipation  of  this  sanction,  to 
vote  for  the  Declaration,  (on  the  fourtli  of  July,  1776,)  had 
thus  the  gi-atification  to  learn  that  their  conduct  was  not 
disapproved  at  home." 

And  further :  The  mistake  about  signing  the  Declaration 
arises  from   confounding  the  original  manuscript  with  the 
engrossed  copy.     It  has  been  stated  that  the  original  manu- 
script was  signed  only  by  John  Hancock  and  one  Thompson, 
9* 


102  A  HISTORY  OF  THE  ORIGIN  OF 

Secretary ;  wliereas,  if  we  can  believe  Conrad  in  his  revised 
edition,  (see  extract  above  given,  and  Smucker  in  his  "  Life 
of  Jefierson,")  the  original  was  signed  on  the  fourth  of  July. 
The  following  is  from  Smucker's  "  Life  of  Jefferson,"  page  69 : 

"  The  Declaration,  as  amended  in  the  committee  of  the 
whole,  was  reported  to  the  House  on  the  fourth.  It  was 
unanimously  adopted  and  signed  by  every  member  present 
except  Dickinson,  of  Pennsylvania.  On  the  twentieth  of 
July,  Pennsylvania  revised  her  list  of  delegates,  and  left 
Dickinson  out.  The  Declaration  was  ordered  to  be  engrossed 
on  the  nineteenth.  On  the  second  of  August  it  was  produced, 
and  compared  with  the  original,  and  signed  again  by  those 
whose  names  were  appended  to  the  manuscript  copy  in 
addition  to  the  new  members." 

If  Smucker  is  correct,  Henry  AVisner,  of  New  York,  must 
have  signed  the  original  Declaration. 

Extract  from  an  article,  entitled,  "Causes  which  led  to 
Anneriean  Independence,"  in  the  Sunday  Mercury  of  Jan- 
uary 1,  1872. 

Every  member  who  signed  the  Declaration  of  Indepen- 
dence on  the  second  of  August,  solemnly  certified  to  the 
world  that  it  was  the  unanimous  Declaration  of  the  thirteen 
colonies  in  Congress  assembled  July  4,  1776.  That  they  so 
meant  to  be  understood  is  clearly  shown  by  the  several  let- 
ters of  Thomas  McKean  (himself  a  signer)  on  the  subject 
heretofore  referred  to,  wherein  he  entirely  ignores  Lee's  res- 
olution, which  was  adopted  on  the  second  of  July.  He 
explained  in  these  several  letters  what  was  done  in  the  com- 
mittee of  the  whole  on  the  first  of  July,  viz.,  that  every  colony 
voted  in  said  committee  except  Delaware  and  Pennsylvania 
for  independence ;  and,  that  unanimity  might  be  obtained, 
the  further  consideration  of  the  Declaration  was  postponed 
until  the  second,  the  next  day;  and  that  the  committee,  by 


THE  APPELLATION  KEYSTONE  STA  TE.         103 

request  of  their  chairman,  had  leave  to  sit  again  ;  and  that 
on  the  second  the  committee  were  unable  to  report  for  the 
same  reason.  The  question  was  in  a  simihir  manner  post- 
poned until  the  tliird,  and  on  the  third  postponed  until  the 
fourth,  when  the  said  committee  formally  reported  the  Decla- 
ration to  Congress,  and  in  that  body  the  final  vote  was  taken, 
and  it  received  the  sanction  of  every  colony  by  a  majority 
of  the  delegates  then  present. 

"  By  this  delay,"  says  McKean,  "  unanimity  in  the  adop- 
tion of  the  Declaration  was  obtained,"  which  he  characterizes 
as  an  all-important  point ;  and  further  uses  that  language 
which  every  biographer  of  the  signers  of  the  Declaration  of 
Independence  in  sketching  the  life  of  John  Morton  uses,  viz., 
"  The  dissension  of  a  single  colony  might  have  been  fraught 
with  the  most  serious  consequences."  The  "  Journal  of  Con- 
gress "  itself  shows  there  was  no  vote  on  the  Declaration  until 
the  fourth  of  July,  1776,  when  it  was  unanimously  adopted: 
and  we  have  no  evidence  of  how  the  colonies  stood  on  the 
first  of  July  in  committee  of  the  whole,  except  that  furnished 
by  Thos.  McKeau  in  his  subsequent  writings.  The  "  Jour- 
nal of  Congress  "  and  McKean's  writings  harmonize  perfectly. 

If  New  York  did  not  vote  on  the  fourth  of  July,  she  occu- 
pies the  unenviable  position  of  not  having  voted  at  all,  as 
that  was  the  day  upon  which  the  last  and  final  vote  was 
taken  on  the  measure.  The  action  of  the  New  York  Con- 
gress at  White  Plains  was  not  received  until  July  15th  by 
the  Continental  Congress,  which  time,  it  is  contended,  was 
the  date  upon  which  it  became  the  unanimous  act  of  the 
thirteen  States.  If  this  be  a  fact,  the  wise  and  sagacious 
statesmen  who  ordered  the  Declaration  to  be  engrossed  on 
parchment  as  the  "  unanimous  Declaration  of  the  thirteen 
United  States  of  America,  July  4th,  1776,"  as  per  resolution 
of  the  nineteenth  of  July,  loaned  their  names  to  a  lie,  and 
corroborated  it  as  such  when  they  signed  it  on  the  second  of 
August  following:. 


104  A  HISTORY  OF  THE  ORIGIN  OF 

Froni  the  Sunday  Mercury  of  January  14,  1872. 

LET  THE  FACTS  SPEAK. 

Messrs.  Editors. — Having  read  with  interest  the  series  of 
articles,  entitled,  "  The  Causes  which  led  to  American  In- 
dependence," recently  published  in  the  Philadelphia  Sunday 
Mercury,  (being  familiar  with  the  subject  discussed,  and  de- 
siring to  see  things  righted,)  I  shall,  with  your  kind  permis- 
sion, correct  an  error  which  the  author  has  fallen  into,  as 
have  several  would-be  historians  in  their  contributions  to  the 
Sunday  Dispatch.  I  allude  to  the  two  letters  written  by  John 
Adams  to  his  wife  in  July,  1776,  relative  to  the  Declaration 
of  Independence. 

While  the  American  people,  as  a  mass,  correctly  believe 
that  the  Declaration  was  unanimously  adopted  on  the  fourth 
of  July,  and  that  delegates  from  the  whole  thirteen  colonies 
on  that  day  voted  on  the  measure,  there  are  a  few  superan- 
nuated fossils  who  persistently  contend  that  the  second  of  July 
was  the  Birthday  of  Freedom — confounding  Lee's  resolution 
Avith  the  Declaration ;  and,  in  order  to  suj^port  their  j^et  theory, 
date  both  letters  July  od,  and  flourish  them  aloft  as  indispu- 
table evidence  of  what  they  assert.  The  blunder  is  traced 
back  to  Col.  Peter  Force,  who,  Avhen  compiling  "American 
Archives,"  mistook  the  figure  5  for  a  3,  from  which  it  would 
appear  that  Adams  on  the  same  day  —  July  od  —  wrote  two 
lengthy  e})istles  to  his  wife,  the  contents  of  which  being 
Avholly  inconsistent.  Such,  however,  is  not  the  case.  The 
following  brief  explanation  Avill  convince  the  most  obstinate 
adherents  to  the  "  mythical  2d  "  that  they  are  in  the  wrong. 
"The  Journal  of  Congress  of  July,  1776,"  published  in  1778 
by  John  Dunlap,  by  order  of  the  committee  appointed  to 
superintend  the  publication  of  said  Journal,  by  resolution 
of  Congress  of  May  2,  1778,  (Vol.  II.,  p.  238,)  says : 

IMoiiday,  July  1,  1776.  —  The  order  of  the  day  being  read, 
Resolecd,  That  this  Coiigress  will  resolve  itself  into  a  committee 


THE  APPELLA  TION  KE YSTOXE  STA  TE.         1 05 

of  the  wliole,  to  tnkc  into  consideration  the  resolution  resi)ectiiig 
independence,  and  that  tlie  Declaration  be  referred  to  said  com- 
mittee. The  Congress  resolved  itself  into  a  committee  of  the 
whole.  After  sonic  time  the  President  resumed  the  chair,  and 
Mr.  Harrison  reported  liiat  the  committee  had  come  to  a  resohi- 
tion,  which  they  desired  him  to  report,  and  to  move  for  leave  to 
SIT  AGAIK.  The  resolution  agreed  to  by  the  committee  of  the 
whole  being  read,  the  determination  whereof  was,  at  the  request 
of  a  colony,  postponed  until  to-morrow. 

So  much  for  the  first  of  July.  Now  let  us  sec  what  was 
(lone  on  the  second.     Same  volume,  p.  239  : 

July  2,  1776.— The  Congress  resumed  the  consideration  of  the 
resolution  reported  from  the  committee  of  the  whole,  which  was 
agreed  to,  as  follows:  Resolved,  That  these  united  colonies  are, 
and  of  right  ought  to  be,  free  and  independent  States ;  that  they 
are  absolved  from  all  allegiance  to  the  British  crown,  and  all 
political  connection  between  them  and  the  State  of  Great  Britaiu 
is,  and  ought  to  be,  totally  dissolved.  Agreeably  to  the  order  of 
the  day,  the  Congress  resolved  itself  into  a  committee  of  the 
whole  ;  and  after  some  time  the  President  resumed  the  chair,  and 
Mr.  Harrison  reported  that  the  committee  have  had  under  con- 
sideration the  Declaration  to  them  referred,  but,  not  having  had 
time  to  go  through  the  same,  desired  him  to  move  for  leave  to  sit 
again.  Resolved,  That  this  Congress  will  to-morrow  again  resolve 
itself  into  a  committee  of  the  whole,  to  take  into  their  further 
consideration  the  Declaration  respecting  independence. 

The  reader  Avill  perceive,  by  the  concluding  sentence  of 
the  above  extract  from  the  official  journal  of  Congress,  that 
the  subject  of  independence  was  still  being  debated,  and 
that  the  Declaration  was  postponed  until  the  next  day. 
The  resolution,  "  That  tliese  united  colonies  are,  and  of 
right  ought  to  be,"  etc.,  was  either  a  "feeler"  to  obtain  the 
sense  of  the  house,  or  it  was  adopted  to  gratify  the  popular 
desire  for  earnest  work.  Be  that  as  it  may,  the  time  had 
not  yet  arrived  for  final  action ;  and  although  a  majority  of 
the  votes  in  favor  of  independence  could  be  relied  upon, 


106  A  HISTORY  OF  THE  ORIGIN  OF 

3'et  all  recognized  the  vital  importance  of  unanimity,  and 
resolved  to  obtain  it,  if  possible.  The  Declaration  was 
therefore  deferred  until  the  third  of  July.  What  was  done 
in  the  Continental  Congress  on  the  second  of  July  is  de- 
scribed in  a  casual  manner  by  John  Adams  in  a  letter 
Avritten  to  his  wife  on  the  following  day.  The  said  letter  is 
very  long, —  consuming  about  four  pages  of  foolscap, —  and 
is  merely  a  reply  to  one  received  from  Mrs.  Adams,  who 
was  then  at  Plymouth.  The  contents  are  of  a  purely  private 
character,  such  as  a  man  would  naturally  write  to  his  wife, 
from  whom  he  had  long  been  separated.  The  only  part 
touching  on  public  matters  is  that  portion  which  alludes 
to  Lee's  resolution.  The  entire  letter  is  published  in 
"American  Archives,"  Vol.  VI.,  p.  1231.  The  annexed 
extracts  are  considered  sufficient  to  satisfy  the  reader's  mind 
that  the  Declaration  was  not  considered  by  Adams  as  passed 
on  the  second. 

PiiiLADELPniA,  July  3,  1776. 
Your  favor  of  June  17th,  (luted  at  Plymouth,  was  handed  me 
by  yesterday's  post.     I  was  nuich  pleased  to  find  you  had  taken 

a  journey  to  Plymouth Yesterday,  a  resolution^ 

was  passed,  without  one  dissenting  colony!  tliat  these  United 
Colonies  "are,  and  of  right  ought  to  be,  free  and  independent 
States."  "  You  ivillsee,  in  a  few  days,  a  Declaration  setting  forth 
tlie  causes  which  have  impelled  us  to  this  mighty  revolution,  and 
the  reasons  which  will  justify  it  in  the  sight  of  God  and  man," 
etc. 

We  will  now  resume  our  perusal  of  the  "Journal  of  Con- 
gress of  1776,"  in  which,  at  i)age  240,  is  recorded  the  fol- 
lowing : 

July  3,  1776. — Agreeably  to  the  order  of  the  day,  the  Congress 
resolved  itself  into  a  committee  of  the  whole,  to  take  into  furrher 
considerutioii  the  Dcclardfion  ;  and  after  some  time  the  President 
resumed  the  chair,  and  Mr.  Harrison  reported  that  the  committee, 
not  havliKj  ijct  (jot  throwjh  it,  desired  leave  to  sit  again.     Resolved, 


THE  APPELLA  TION  KE YSTONE  STA TE.         i  07 

That  this  committee  will  to-morrow  again  resolve  itself  into  a 
committee  of  the  whole,  to  taiic  into  further  consideration  the 
Declaration  of  Independence. 

Page  241. —  July  4,  1776. — Agreeably  to  the  order  of  the  day, 
the  Congress  resolved  itself  into  a  committee  of  the  whole,  to 
take  into  further  consideration  the  Declaration  ;  and  after  some 
time  the  President  resumed  the  chair,  and  William  Harrison  re- 
ported that  the  committee  have  agreed  to  a  Declaration,  wliich 
they  desired  him  to  report.  The  Declaration  being  I'ead,  was 
agreed  to  by  the  colonies. 

It  was  late  in  the  afternoon  Avhen  the  final  vote  was  taken ; 
all  the  colonies  were  represented,  and  sanctioned  the  act. 
Rodney  had  arrived  from  Delaware,  whose  delegation  was, 
in  consequence,  enabled  to  vote  in  the  affirmative.  Morris 
and  Dickinson  being  absent,  the  Pennsylvania  delegation 
was  reduced  to  five  members.  Being  the  last  colony  called 
upon  to  vote,  much  anxiety  was  displayed  by  the  delegates 
of  the  other  colonies,  lest  unanimity,  so  essential  to  success, 
should  be  lost  by  an  unfavorable  response.  But  notwith- 
standing that  the  delegation  was  equally  divided,  and  that 
Pennsylvania,  by  her  vote  on  the  first  of  July,  discounte- 
nanced the  measure,  John  Morton,  a  member  of  that  body, 
gave  the  casting  vote  in  favor  of  independence,  and  thus 
unanimity  was  secured. 

The  next  day,  July  the  5th,  John  Adams,  nearly  wild 
with  joy,  wrote  a  letter  to  his  wife,  giving  an  account  of  the 
i:)assage  of  the  Declaration,  (which  letter,  in  "  American 
Archives,"  is  absurdly  dated  the  3d.)  The  following  is  copied 
from  the  "  Pennsylvania  Historical  Collection  :  " 

Philadelphia,  July  5,  1776. 
The  day  is  past.  The  fourth  day  of  July,  1776,  will  be  a 
memorable  epoch  in  the  history  of  America.  I  am  apt  to  believe 
that  it  will  be  celebrated  by  succeeding  generations  as  the  great 
anniversary  festival.  It  ought  to  be  commemorated  as  the  day 
of  deliverance  by  solemn  acts  of  devotion  to  God  Almighty.  It 
ought  to  be  solemnized  with  pomp,  shows,  games,  sports,  guns, 


108       A  HISTORY  OF  THE  ORIGIN  OF 

bells,  bonfires,  and  illuminations,  from  one  end  of  tbe  continent 
to  tbe  other,  from  this  time  forward  forever.  You  will  think  me 
transported  with  enthusiasm ;  but  I  am  not.  I  am  well  aware  of 
the  toil  and  blood  and  treasure  that  it  will  cost  us  to  maintain 
this  Declaration,  and  support  and  defend  these  States.  Yet, 
through  all  the  gloom,  I  can  see  the  rays  of  light  and  glory;  I 
can  see  that  the  end  is  more  than  worth  all  the  means,  and  that 
posterity  will  triumph,  although  you  and  I  may  rue,  which  I  hope 
■we  shall  not. 

.  .  .  .  The  delay  of  this  Declaration  to  this  time  has  many 
great  advantages  attending  it.  The  hopes  of  reconciliation  which 
were  fondly  entertained  by  multitudes  of  honest  and  well  mean- 
ing, though  weak  and  mistaken  people,  have  been  gradually,  and 
at  last  totally,  extinguished.  Time  has  been  given  for  the  whole 
people  maturely  to  consider  the  great  question  of  independence, 
and  to  ripen  their  judgment,  dissipate  their  fears,  and  assure  their 
hopes,  by  discussing  it  in  the  newspapers  and  pamphlets,  by  de- 
bating it  in  assemblies,  conventions,  committees  of  safety  and 
inspection,  in  town  and  county  meetings,  as  well  as  in  private 
conversation,  so  that  the  whole  people  in  EVERY  COLONY  OF  THE 
THIRTEEN  have  now  adopted  it  as  their  own  act. 

Just  one  year  after  writing  the  above,  Mr.  Adams,  in  a 
letter  to  his  daughter,  thus  describes  the  celebration  of  the 
first  anniversary  of  American  independence,  which  proves 
that  the  foregoing  letter  was  written  on  the  fifth  of  July, 
1776.     (Correspondence  of  Miss  Adams,  Vol.  II.,  page  8.) 

Pnii.ADELrHiA,  July  5,  1777. 

My  Dear  Daughter:  —  Yesterday,  being  the  anniversary  of 
American  independence,  was  celebrated  here  with  a  festivity  and 
ceremony  becoming  the  occasion.  I  am  too  old  to  delight  in 
pretty  descriptions,  if  I  had  a  talent  for  them,  otherwise  a  picture 
might  be  drawn  which  would  please  the  fancy  of  a  Whig,  at 
least.  The  thought  of  taking  any  notice  of  this  day  was  not  con- 
ceived until  the  second  of  this  month,  and  it  was  not  mentioned 
until  the  third.  It  was  too  late  to  have  a  sermon,  as  every  one 
wished,  so  this  must  be  deferred  another  year. 

Congress  determined  to  adjourn  over  that  day,  and  to  dine 


THE  APPELLA  TION  KEYSTONE  STATE.  1 09 

together.  The  general  officers  and  others  in  town  were  invited 
after  the  President  and  Council,  and  Board  of  War  of  tiiis  State. 
In  the  morning,  the  Delaware  frigate,  several  large  galleys,  and 
other  Continental  armed  vessels,  the  rcnnsylvaniasliip,  and  row- 
galleys  and  guard-boats,  were  all  hauled  off  in  the  river,  and 
several  of  them  beautifully  dressed  in  tlie  colors  of  all  nations, 
displayed  about  upon  the  masts,  yards,  and  rigging.  At  one 
o'clock,  the  ships  were  all  manned;  that  is,  the  men  were  all 
ordered  aloft,  and  arranged  upon  the  top-yards  and  shrouds, 
making  a  striking  appearance  — of  companies  of  men  drawn  up 
in  order  in  the  air. 

Then  1  went  on  board  the  Delaware,  with  the  President  and 
several  gentlemen  of  the  Marine  Committee;  soon  after  which  we 
were  saluted  with  a  discharge  of  thirteen  guns,  which  was  followed 
by  thirteen  others  from  each  other  armed  vessel  in  the  river; 
then  the  galleys  followed  the  fire,  and  after  them  the  guard-boats. 
Then  the  President  and  company  returned  in  the  barge  to  tlie 
shore,  and  were  saluted  with  three  cheers  from  every  ship,  galley, 
and  boat  in  the  river.  The  warves  and  shores  were  lined  with  a 
vast  concourse  of  people,  all  shouting  and  huzzaing  in  a  manner 
which  gave  great  joy  to  every  friend  of  this  country,  and  the 
utmost  terror  and  dismay  to  every  lurking  Tory. 

At  three,  we  went  to  dinner,  and  were  very  agreeably  entertained 
with  excellent  company,  good  cheer,  fine  music  from  the  band  of 
Hessians  taken  at  Trenton,  and  continual  volleys  between  every 
toast,  from  a  company  of  soldiers  drawn  up  in  Second  Street, 
before  the  city  tavern,  where  we  dined.  The  toasts  were  in  honor 
of  our  country  and  the  heroes  who  had  fallen  in  their  pious 
eff"orts  to  defend  her.  After  this,  two  troops  of  light-horse,  raised 
in  Maryland,  accidentally  here  on  their  way  to  camp,  were  paraded 
through  Second  Street;  after  them  a  train  of  artillery,  and  then 
about  a  thousand  infantry,  now  in  this  city,  on  their  march  to 
camp,  from  North  Carolina.  All  these  marched  into  the  common, 
where  they  went  through  their  firings  and  manoeuvres;  but  I  did 
not  follow  them.  In  the  evening,  I  was  walking  about  the  streets 
for  a  little  fresh  air  and  exercise,  and  was  surprised  to  find  the 
whole  city  lighting  up  their  candles  at  the  windows.  I  walked 
most  of  the  evening,  and  I  think  it  was  the  most  splendid  illumi- 
nation I  ever  saw ;  a  few  surly  houses  were  dark,  but  the  lights 
10 


no  A  HISTORY  OF  THE  ORIGIN  OF 

were  very  universal.  Considering  the  lateness  of  the  design,  and 
the  suddenness  of  the  execution,  I  was  amazed  at  the  universal 
joy  and  alacrity  that  was  discovered,  and  at  the  brilliancy  and 
splendor  of  every  j)art  of  this  joyful  exhibition,  I  had  forgot  the 
ringing  of  bells  all  day  and  evening,  and  the  bonfires  in  the 
streets,  and  the  fireworks  played  off.  Had  General  Howe  been 
here  in  disguise,  or  his  master,  this  show  would  have  given  them 
the  heartache. 

I  am  your  affectionate  father, 

John  Adams. 

It  will  be  observed,  on  reading  the  above  letter,  that 
Adams  considered  the  fourth  of  July,  1776,  the  day  of 
deliverance  from  British  rule.  Did  he  not  wholly  ignore 
the  second  when  he  said,  "  It  [the  celebration]  was  not  men- 
tioned until  the  third  "  f 

"  Congress  "  —  the  very  actors  themselves  —  determined  to 
adjourn  over  that  day,  the  foukth  of  July,  to  observe  it 
in  a  becoming  manner. 

Thirteen  guns  were  fired  from  each  vessel  in  the  port,  in 
honor  of  the  unanimous  vote  of  the  thirteen  colonies 
IN  THE  Continental  Congrf:ss  on  that  day  one  year 

FREVIOUSLY. 

The  author  of  "  The  Causes  which  led  to  American  Inde- 
pendence" has  written  a  creditable  history  of  the  Declaration 
of  Independence.  He  is  correct  in  the  main,  but  errs  in  the 
statement  that  the  "  Adams's  letters  "  were  written  on  the 
same  day,  July,  1776.  The  one  was  written  on  the  third, 
and  the  other,  as  per  "  Pennsylvania  Historical  Collection," 
on  the  fifth  of  July,  1776.  Federal  Arch. 

From  the  Sunday  Mercury  of  February  23,  1872. 

AN  OPINION. 
My  Dear  Sirs:  —  There  appcai-cd  in  the  columns  of  the 
Philadelpliia  Sunday  Mercury  of  January  14th  ultimo  an 


THE  A  PPELLA  TION  KEYSTONE  STA  TE.         Ill 

article,  entitled,  "  Let  tlie  Facts  Speak,"  bearing  the  signature 
"Federal  Arch,"  iu  wliich  it  was  sliown  that  John  Adams 
regarded  the  fourth  day  of  July,  1776,  as  the  birthday  of 
American  independence,  and  not  the  second  of  July,  as 
asserted  by  the  Public  Ledger  iu  its  fourth  of  July  leader  of 
1870,  and,  latterly,  by  Mr.  Thompson  Westcott  in  his  serial 
history  of  Philadelphia,  published  iu  the  Sunday  Dispatch 
of  August  20th,  1871.  That  "Federal  Arch  "  was  correct, 
and  that  his  arguments  Avere  unanswerable,  I  was  inclined 
to  believe  as  soon  as  I  had  finished  reading  them ;  but  regard- 
ing the  Ledger  and  Dispatch  as  good  authorities  upou  matters 
relating  to  the  early  history  of  our  nation,  and  not  wishing 
to  lose  faith  iu  those  journals,  I  resolved  to  investigate  the 
subject  to  my  own  satisfaction. 

On  mentioning  my  intentions  to  a  friend,  I  was  delighted 
to  find  that  he  also  had  conceived  the  same  idea ;  so,  having 
a  few  hours  at  our  disposal,  we  at  once  started  for  the  Mer- 
cantile Library.  Arrived  at  that  noble  institution,  we 
glanced  at  the  catalogue,  and  were  soon  after  engaged  in  our 
self-imposed  task  of  overhauling  those  ponderous  volumes 
known  as  Colonel  Peter  Force's  compilation  of  "  American 
Archives ;  "  and  a  dusty  job  it  proved.  Well,  at  length  we 
found  the  proper  volume,  to  wit,  Vol.  VI.,  and,  turning  to 
page  1231,  feasted  our  eyes  on  the  two  letters  from  John 
Adams  to  his  wife,  in  one  of  which  he  alludes  to  the  adoption 
of  Lee's  resolution  of  the  second,  and  in  the  other  describes 
the  passage  of  the  Declaration  of  Independence  on  the  fourth 
of  July,  1776.  Although  both  letters  are  dated  July  od,  it 
is  evident,  from  the  contents  of  the  second,  that  it  was  not 
written  until  the  5th,  and  that  Colouel  Force  mistook  the 
latter  figure  for  a  three.  The  "  American  Arcliives  "  being 
the  fii'st  work  of  the  kind  published  in  this  country,  a  few 
careless  wi'iters  have  copied  the  dates  just  as  they  found 
them,  without  reading  the  letters  or  considering  the  improb- 
ability of  both  having  been  written  on  the  same  day.     We 


112  A  HISTORY  OF  THE  ORIGIN  OF 

also  consulted  the  "Life  of  Johu  Adaras,"  by  liis  grandson, 
Hon.  Charles  Francis  Adams,  and  discovered  that  he  too 
hud  fallen  into  the  same  error.  I  could  now  understand 
why  the  Public  Ledger  and  Sunday  Dispatch  had  blundered. 
My  friend  suggested  that  we  might  set  the  thing  right  by 
sending  a  copy  of  the  Sunday  Mercury  containing  the  article 
by  "  Federal  Arch  "  to  Mr.  Charles  Francis  Adams,  together 
with  a  letter  asking  his  views  iipon  the  same ;  but  on  my 
reminding  him  tliat  that  gentleman  was  then  in  Europe  in 
connection  with  the  "  Alabama  "  affair,  he  agreed  to  write 
the  Hon.  Johu  Quincy  Adams,  pointing  out  the  discrepancy 
in  the  date  of  the  second  "Adams's  Letter"  as  published  in 
"  American  Archives  "  and  in  his  father's  "  Life  of  John 
Adams  "  respectively ;  also  requesting  his  opinion  as  to  the 
authenticity  of  the  accompanying  paper  as  regarded  dates, 
etc.,  etc.,  which  my  friend  accordingly  did,  and  received  the 
following  letter  in  reply,  with  permission  to  publish  it: 

Quincy,  Mass.,  February  12,  1872. 
Deak  Sir  :  —  Since  receiving  the  Sunday  Mercury,  I  have 
turned  to  the  "  Life  of  John  Adams,"  by  Charles  Francis  Adams, 
and  to  the  "  Letters  of  Mrs.  John  Adams,"  edited  by  Charles  F. 
Adams,  and  I  liiid  all  the  dates,  facts,  and  circumstances  are 
detailed  with  perfect  accuracy  and  fulness  In  regard  to  the  reso- 
lution and  Declaration  of  Independence. 

Yours,  very  respectfully, 

J.  Q.  Adams. 

After  perusing  the  above  letter,  and  with  all  the  facts 
which  are  given  by  history,  and  more  particularly  by  both 
Adams  and  McKean,  together  with  the  Declaration  itself, 
commencing  with  the  comprehensive  words,  "  \i\  Congress, 
July  4th,  1776,  the  unanimous  declaration  of  the  Thirteen 
United  States  of  America,"  who  can  deny  that  the  Declara- 
tion of  Independence  was  unanimously  passed  on  the  fourth 
of  July,  1776?  I,  for  one,  shall  continue  to  celebrate  the 
glorious  "  Fourth  "  as  such  in  the  same  spirit  as  our  fore- 


THE  APPELLA  TION  KEYSTONE  STA  TE.         1 1 3 

fathers  did  the  first  anniversary,  as  is  so  graphically  described 
by  John  Adams  iu  his  letter  to  his  daughter  of  July  5,  1777. 

Centennial. 

From  the  Sunday  Dispatch  of  September  29,  1872. 

"Keystone  State."  —  A  communication  addressed  to 
the  Sunday  Dispatch,  inquiring  as  to  the  truth  of  the  com- 
mon political  cry,  "As  Pennsylvania  goes,  so  goes  the  Union," 
not  being,  in  the  opinion  of  the  writer,  satisfactorily 
answered,  he  takes  the  liberty  of  giving  in  detail  not  only 
his  views,  but  a  complete  account,  extracted  from  the  dif- 
ferent histories  on  the  subject.  For  the  first  term,  commenc- 
ing March  4,  1789,  Washington  received  ten  votes,  John 
Adams  eight,  and  Hancock  two  of  the  electoral  vote  of 
Pennsylvania.  Washington  was  elected.  For  the  second 
term,  commencing  1793,  Washington  received  fifteen  votes, 
John  Adams  fourteen,  and  Clinton  one  of  said  electoral 
vote.  Washington  was  re-elected.  For  the  third  term,  com- 
mencing 1797,  John  Adams  received  one  vote,  Jefferson 
fourteen,  Pinckney  two,  and  Burr  thirteen  of  said  electoral 
vote.  John  Adams  was  elected.  For  the  fourth  term,  com- 
mencing 1801,  Jefferson  received  eight  votes,  Burr  eight, 
John  Adams  seven,  and  Pinckney  seven  of  said  electoral 
vote.  And  herein  the  DisjKdch  erred,  as  the  electoral  vote 
of  Pennsylvania  in  1800  was  not  eqiuilly  divided  between 
Jefferson  and  Burr,  as  stated,  but  Adams  and  Pinckney  also 
'shared  the  honor  of  that  division,  receiving  seven  votes  each. 
As  neither  candidate  at  the  presidential  election  in  Novem- 
ber, 1800,  had  a  majority  of  the  electoral  votes  of  the  whole 
number  of  States,  it  was  referred,  as  required  by  the  Con- 
stitution, to  the  House  of  Eepresentatives,  where,  on  a  vote 
being  taken,  (each  State  having  but  one  vote,)  Jefferson 
received  the  votes  of  eight  States  and  Burr  of  six  States, 
Avhile  two  States  were  divided.  After  the  thirty-sixth  ballot, 
10*  H 


lU  A  HISTORY  OF  THE  ORIGIN  OF 

however,  the  two  divided  States  gave  their  votes  to  JefTerson, 
who  was  thereby  elected.  The  original  article  of  the  Consti- 
tution relating  to  the  manner  of  electing  Presidents  —  to  wit : 
the  candidate  receiving  the  highest  number  of  votes  being  de- 
clared President,  and  the  candidate  receiving  the  next  highest 
being  declared  elected  Vice-President,  and  its  consequent 
reference  to  the  House  of  Representatives  on  the  failure  of 
any  one  candidate  to  receive  a  majority  of  all  the  votes  in 
the  electoral  college — being  defective,  inasmuch  as  a  small 
body  of  men  could  prevent  its  intention,  the  twelfth  amend- 
ment to  the  Constitution  was  proposed  at  the  first  session  of 
the  eighth  Congress,  and  received  the  sanction  of  the  required 
number  of  State  Legislatures  in  1804,  prior  to  the  presidential 
election  in  that  year.  From  the  fifth  term,  1805,  to  the  ninth 
term,  1821,  both  inclusive,  Pennsylvania  cast  her  electoral  vote 
for  Jefferson  (two  terms),  Madison  {two  terms),  and  Monroe 
{two  terms),  who  were  the  successful  candidates.  For  the  tenth 
term,  in  1824,  there  were  four  candidates,  namely,  Jackson, 
John  Quincy  Adams,  Clay,  and  Crawford,  who  received  of 
the  electoral  votes  of  all  the  States  99,  84,  37,  and  41  respec- 
tively. Pennsylvania  giving  her  solid  electoral  vote  to 
Andrew  Jackson,  ^vho  secured  the  highest  vote;  but  as 
neither  of  the  candidates  received  a  majority,  the  election, 
in  accordance  with  the  Constitution,  devolved  upon  the 
House  of  Representatives,  who  were  restricted  to  the  three 
highest  on  the  list,  viz.,  Jackson,  Adams,  and  Crawford. 
John  Quincy  Adams  was  elected.  Horace  Greeley,  in  his 
"Biography  of  Henry  Clay,"  expresses  the  opinion  that  the 
votes  of  the  States  were  kept  from  Clay  by  the  chicanery 
of  General  Jackson's  partisans,  by  keeping  his  name  out  of 
the  House  of  Representatives,  as  it  was  the  most  popular 
that  could  have  been  brought  before  that  body.  Historians, 
however,  generally  agree  upon  conceding  to  General  Jackson 
the  greatest  i)opularity  with  the  people.  At  that  time  Mr. 
Clay  was  Speaker  of  the  lower  House,  and  held  the  balance 


THE  APPELLA  TION  KE  Y STONE  STA  TE.        1 1  5 

of  power.  Long  before,  it  was  predicted  that  liis  influence 
would  be  given  to  John  Quincy  Adams,  because  CUvy 
deprecated  the  occupancy  of  the  presidential  chair  by  a 
military  man.  After  the  election  of  John  Quincy  Adams 
in  the  House,  Clay  was  appointed  Secretary  of  State,  and 
his  enemies  contended  that  this  office  was  in  payment  for  the 
sale  of  General  Jackson.  From  (he  eleventh  term,  1829,  to 
the  present  time,  Pennsylvania's  electoral  vote  has  been  cast  for 
the  successful  presidential  candidate.  Since  the  adoption  of 
the  twelfth  amendment  to  the  Constitution  in  1804,  when- 
ever the  election  depended  upon  the  "  electoral  college," 
Avithout  an  appeal  to  the  House  of  Representatives,  Penn- 
sylvania has,  without  a  single  excej^tion,  cast  her  electoral  vote 
for  the  successful  presidential  candidate.  With  regard  to  the 
election  in  1824,  whereby  the  Clay  coalition  succeeded  in 
electing  John  Quincy  Adams,  Pennsylvania's  choice  — 
General  Jackson  —  was  the  choice  of  the  nation,  and  really 
received  a  large  majority  of  the  popular  vote.  By  consult- 
ing the  Congressional ^ lobe,  and  the  comments  of  historians 
on  the  subject,  and  taking  into  consideration  the  subsequent 
action  of  the  people,  namely,  the  almost  unanimous  elec- 
tion of  General  Jackson  for  the  two  successive  terms  from 
1829  to  1837,  we  must  inevitably  conclude  that  the  Clay  coali- 
tion in  the  House  was  a  softer  term  for  "  the  ways  that  are 
dark  and  the  tricks  that  are  vain."  The  reader  wall  there- 
fore not  go  astray,  if,  in  the  violence  of  party  feeling,  and  with 
a  pardonable  pride  for  the  old  "Keystone  State,"  he  exclaims: 
"  As  Penksylvania  goes,  so  goes  the  Union."  In  1828, 
notwithstanding  the  most  monstrous  accusations  from  his  polit- 
ical opponents,  Jackson  received  one  hundred  and  seventy- 
eight  electoral  votes,  whilst  John  Quincy  Adams  received 
but  eighty-three.  In  the  ensuing  election  in  1832,  after  a 
four  years'  trial,  his  majority  was  even  larger,  receiving  two 
hundred  and  nineteen  electoral  votes,  whilst  Clay  received 
forty-nine,  Wirt  seven,  and  Floyd  eleven.     These  figures  are 


116  A  HISTORY  OF  THE  ORIGIN  OF 

characteridic  of  the  American  people — they  tell  of  their  con- 
demnation of  conspiracies  to  defeat  the  popular  will. 

The  members  of  the  Continental  Congress  were  not 
elected  directly  by  the  people,  but  by  the  Legislatures  of 
the  several  colonies. 

Pennsylvania,  on  the  ninth  of  November,  1775,  by  her 
Legislature,  issued  the  following  instructions  to  her  Con- 
gressional delegation : 

Gentlemen:  —  The  trust  reposed  in  you  is  of  such  a  nature, 
and  the  modes  of  executing  it  may  be  so  diversified,  in  the  course 
of  your  deliberations,  that  it  is  scarcely  possible  to  give  you  par- 
ticular instructions  respecting  it.  We  therefore,  in  general, 
direct  that  you  —  or  any  four  of  you  —  meet,  in  Congress,  the 
delegates  of  the  several  colonies  now  assembled  in  this  city,  and 
any  such  delegates  as  may  meet  in  Congress  next  year;  that  you 
consult  together  on  the  present  critical  and  alarming  state  of 
public  affairs;  that  you  exert  your  utmost  endeavors  to  agree 
upon  and  to  recommend  such  measures  as  you  shall  judge  will 
afford  the  best  prospect  of  obtaining  redress  of  American  griev- 
ances, and  of  restoring  that  universal  harmony  between  Great 
Britain  and  the  colonics  so  essential  to  the  welfare  and  hajipiness 
of  both  countries. 

Thongh  the  ojjpressive  measures  of  the  British  Parliament  and 
Administration  have  compelled  us  to  resist  tlieir  violence  by  force 
of  arms,  yet  we  strictly  enjoin  you  that  you  —  in  behalf  of  this 
colony  —  dissent  from  and  utterly  reject  any  propositions,  should 
such  be  made,  that  may  cause  or  lead  to  a  separation  from  our 
mother  country,  or  to  a  change  of  the  form  of  this  Government. 

You  are  directed  to  make  a  report  of  your  proceedings  to  this 
House. 

Signed  by  order  of  the  House. 

JoHX  Morton,  Speaker. 

And  on  the  fourteenth  of  June,  1776,  she  again  instructed 
her  Congressional  delegation  as  follows  : 


THE  A  PPELLA  TION  KE  YSTONE  ST  A  TE.         117 

Gentlemen:  —  When,  by  our  instructions  of  last  November, 
we  strictly  enjoined  you,  in  behalf  of  this  colony,  to  differ  from 
and  utterly  reject  any  proposition,  should  such  be  made,  that 
might  cause  or  lead  to  a  separation  from  Great  Britain,  or  to  a 
change  of  the  form  of  this  Government,  our  restrictions  did  not 
arise  from  any  diffidence  of  your  ability,  prudence,  or  integrity; 
but  from  an  earnest  desire  to  serve  the  good  people  of  Pennsyl- 
vania with  fidelity  in  times  so  full  of  alarming  dangers  and 
perplexing  difficulties. 

The  situation  of  public  affairs  has  been  since  so  greatly  altered, 
that  we  now  think  ourselves  justifiable  in  removing  the  restric- 
tions laid  upon  you  by  those  instructions. 

The  contempt  with  which  the  last  petition  of  the  honorable 
Congress  has  been  treated ;  the  late  Act  of  Parliament  declaring 
the  just  resistance  of  the  colonists  against  violence  actually  offered 
to  be  rebellion;  excluding  them  from  the  protection  of  the 
Crown,  and  even  compelling  some  of  them  to  bear  arms  against 
their  countrymen;  the  treaties  of  the  king  of  Great  Britain 
with  other  ]»rinces  for  engaging  foreign  mercenaries  to  aid  the 
forces  of  the  kingdom  in  their  hostile  enterprises  against  America, 
and  his  answer  to  the  petition  of  the  Lord  Mayor,  Aldermen,  and 
Commons  of  the  city  of  London,  —  manifest  such  a  determined 
and  implacable  resolution  to  effect  the  utter  destruction  of  these 
colonies,  that  all  hopes  of  reconciliation  on  reasonable  terms  are 
extinguished ;  nevertheless,  it  is  our  ardent  desire  that  a  civil 
war,  with  all  its  attending  miseries,  should  be  ended  by  a  secure 
and  honorable  peace. 

We  therefore  hereby  authorize  you  to  concur  with  the  other 
delegates  in  Congress  in  forming  such  further  compacts  between 
the  united  colonies,  concluding  such  treaties  with  foreign  king- 
doms and  States,  and  in  adopting  such  other  measures  as,  upon 
a  view  of  all  the  circumstances,  shall  be  judged  necessary  for 
promoting  the  liberty,  safety,  and  interests  of  Am.erica,  reserving 
to  the  people  of  this  colony  the  sole  and  exclusive  right  of  regu- 
lating the  internal  government  and  police  of  the  same. 

The  happiness  of  these  colonies  has,  during  the  whole  course 
of  this  fatal  controversy,  been  our  first  wish  —  their  reconciliation 
with  Great  Britain  our  next.  Ardently  have  we  prayed  for  the 
accomplishment  of  both.     But,  if  we  renounce  the  one  or  the 


118  A  HISTORY  OF  THE  ORIGIN  OF 

otlior,  we  humbly  trust  to  the  mercies  of  the  Supreme  Governor 
of  tlie  Universe  that  we  shall  not  stand  condemned  before  His 
throne  if  our  choice  is  determined  by  that  overruling  law  of  self- 
preservation  which  His  Divine  Wisdom  has  thought  tit  to  implant 
in  the  hearts  of  His  creatures. 
Signed  by  order  of  the  House. 

John  Mortox,  Speaker. 

The  CoxTixEXTAL  Congress  of  July  4,  1776,  voted  by 
colouies  upon  the  adoption  of  the  Declaration  of  Indepen- 
dence. 

It  was  unanimousl^adopted  by  the  whole  thirteen  colo- 
nies on  the  fourth  of  July,  1776. 

On  the  nineteenth  of  July,  1776,  Congress  passed  the  fol- 
lowing resolution : 

Resolved,  That  the  Declaration  passed  on  the  fourth  be  fairly 
engrossed  on  parchment,  with  t])e  title  and  style  of  "  the  unani- 
mous Declaration  of  the  thirteen  United  States  of  America,"  and  that 
the  same,  when  engrossed,  be  signed  by  every  member  of  Con- 
gress. 

The  Declaration  was  in  conformity  therewith  engrossed 
on  parchment,  and  signed  on  the  second  of  August  follow- 
ing by  all  who  were  then  members,  and  afterwards  by  several 
who  were  subsequently  elected. 

Sev^eral  who  were  members  on  the  fourth  of  July  did  not 
sign  the  Declaration,  for  the  reason  that  their  terms  of  office 
had  expired  before  it  was  prepared  for  signing. 

The  following  is  a  copy  of  the  Declaration  of  Indepen- 
dence as  signed,  to  which  is  appended  the  names  of  the 
several  signers  and  of  the  States  which  they  respectively 
rej)resented. 


THE  A  PPELLA  TION  KE  YSTONE  ST  A  TE.         119 
In  Congress,  July  4,  177G 

THE  UNANIMOUS  DECLAEATION  OF  THE  THIR- 
TEEN UNITED  STATES  OF  AMERICA. 

When,  in  the  course  of  human  events,  it  becomes  neces- 
sary for  one  people  to  dissolve  the  political  bands  which 
have  connected  them  with  another,  and  to  assume  among  the 
powers  of  the  earth  tlie  separate  and  equal  station  to  which 
the  laws  of  nature  and  nature's  God  entitle  them,  a  decent 
respect  to  the  opinions  of  mankind  requires  that  they  should 
declare  the  causes  which  comjiel  them  to  the  separation. 

We  hold  these  truths  to  be  self-evident :  that  all  men  are 
created  equal ;  that  they  are  endowed  by  their  Creator  with 
certain  inalienable  rights ;  that  among  these  are  life,  liberty, 
and  the  pursuit  of  happiness.  That  to  secure  these  rights, 
governments  are  instituted  among  men,  deriving  their  just 
powers  from  the  consent  of  the  governed  ;  that  whenever  any 
form  of  government  becomes  destructive  of  these  ends,  it  is 
the  right  of  the  people  to  alter  or  to  abolish  it,  and  to  insti- 
tute a  new  government,  laying  its  foundation  on  such  prin- 
ciples, and  organizing  its  powers  in  such  form,  as  to  them 
shall  seem  most  likely  to  effect  their  safety  and  happiness. 
Prudence,  indeed,  will  dictate  that  governments  long  estab- 
lished should  not  be  changed  for  light  and  transient  causes ; 
and,  accordingly,  all  experience  hatli  shown  thai  mankind 
are  more  disposed  to  suffer,  while  evils  are  sufferable,  than 
to  right  themselves  by  abolishing  the  forms  to  which  they 
are  accustomed.  But  when  a  long  train  of  abuses  and 
usurpations,  pursuing  invariably  the  same  object,  evinces  a 
design  to  reduce  them  under  absolute  despotism,  it  is  their 
right,  it  is  their  duty  to  throw  off  such  government,  and  to 
provide  new  guards  for  their  future  security.  Such  has  been 
the  patient  sufferance  of  these  colonies,  and  such  is  now  the 
necessity  which  constrains  them  to  alter  their  former  systems 
of  government.     The  history  of  the  present  king  of  Great 


120  A  HISTORY  OF  THE  ORIGIN  OF 

Britain  is  a  history  of  repeated  injuries  and  usurpations ;  all 
having  in  direct  object  the  establishment  of  an  absolute 
tyranny  over  these  States :  to  prove  this,  let  facts  be  exhibited 
to  a  candid  world. 

He  has  refused  his  assent  to  laws  the  most  wholesome  and 
necessary  for  the  public  good. 

He  has  forbidden  his  governors  to  pass  laws  of  immediate 
and  pressing  importance,  unless  suspended  in  their  operations 
till  his  assent  should  be  obtained  ;  and  when  so  suspended, 
he  has  utterly  neglected  to  attend  to  them. 

He  has  refused  to  pass  other  laws,  for  the  accommodation 
of  large  districts  of  people,  unless  those  people  would  re- 
linquish the  right  of  representation  in  the  legislature ;  a  right 
inestimable  to  them,  and  formidable  to  tyrants  only. 

He  has  called  together  legislative  bodies  at  places  unusual, 
uncomfortable,  and  distant  from  the  depositories  of  their 
public  records,  for  the  sole  purpose  of  fatiguing  them  into 
compliance  with  his  measures. 

He  has  dissolved  representative  houses  repeatedly,  for 
opposing,  with  manly  firmness,  his  invasions  on  the  rights  of 
the  people. 

He  has  refused,  for  a  long  time  after  such  dissolution,  to 
cause  others  to  be  elected ;  whereby  the  legislative  powers, 
incapable  of  annihilation,  have  returned  to  the  people  at 
large  for  their  exercise,  —  the  State  remaining,  in  the  mean- 
time, exposed  to  all  the  dangers  of  invasion  from  without, 
and  convulsions  within. 

He  has  endeavored  to  prevent  the  population  of  these 
States  ;  for  that  purpose,  obstructing  the  laws  for  naturaliza- 
tion of  foreigners,  refusing  to  pass  others  to  encourage  their 
migrations  hither,  and  i-aising  the  conditions  of  new  appro- 
priations of  lands. 

He  has  obstructed  the  administration  of  justice,  by  refusing 
his  assent  to  laws  for  establishing  judiciary  powers. 

He  has  made  judges  dependent  on  his  will  alone,  for  the 


THE  ArPELLA TION  KEYSTONE  STA  TE.         121 

tenure  of  their  offices,  and  tlic  amount  and  payment  of  their 

salaries. 

He  has  erected  a  multitude  of  new  offices,  and  sent  hither 

swarms  of  officers,  to  harass  our  people  and  eat  out  their 

substance. 

He  has  kept  among  us,  in  times  of  peace,  standing  armies, 

without  the  consent  of  our  legislatures. 

He  has  affected  to  render  the  military  independent  of  and 

superior  to  the  civil  power. 

He  has  combined  with  others  to  subject  us  to  a  jurisdiction 

foreign  to  our  Constitution,  and  unacknowledged   by  our 

laws,  giving  his  assent  to  their  acts  of  pretended  legislations : 
For  quartering  large  bodies  of  armed  troops  among  us : 
For  protecting  them,  by  a  mock  trial,  from  punishment 

for  any  murders  which  they  should  commit  on  the  inhabitants 

of  these  States : 

For  cutting  off  our  trade  with  all  parts  of  the  world  : 

For  imposing  taxes  on  us  without  our  consent : 

For  depriving  us  in  many  cases  of  the  benefits  of  trial  l^y 

For  transporting  us  beyond  seas,  to  be  tried  for  pretended 
offences : 

For  abolishing  the  free  system  of  English  laws  in  a  neigh- 
boring province,  establishing  therein  an  arbitrary  govern- 
ment, and  enlarging  its  boundaries,  so  as  to  render  it  at 
once  an  example  and  fit  instrument  for  introducing  the 
same  absolute  rule  into  these  colonies : 

For  taking  away  our  charters,  abolishing  our  most  valuable 
laws,  and  altering  fundamentally  the  forms  of  our  govern- 
ments : 

For  suspending  our  own  legislatures,  and  declaring  them- 
selves invested  with  power  to  legislate  for  us,  in  all  cases 
whatsoever. 

He  has  abdicated  government  here  by  declaring  us  out 
of  bis  protection,  and  waging  war  against  us. 
11 


122  A  HISTORY  OF  THE  ORIGIN  OF 

lie  lias  plundered  our  seas,  ravaged  our  coasts,  burut  our 
towns,  and  destroyed  the  lives  of  our  people. 

He  is  at  this  time  transporting  large  armies  of  foreign 
mercenaries  to  complete  the  works  of  death,  desolation,  and 
tyranny  already  begun  with  circumstances  of  cruelty  and 
perfidy  scarcely  paralleled  in  the  most  barbarous  ages,  and 
totally  unworthy  the  head  of  a  civilized  nation. 

He  has  constrained  our  fellow-citizens,  taken  captive  on 
the  high  seas,  to  bear  arms  against  their  country,  to  become 
the  executioners  of  their  friends  and  brethren,  or  to  fall 
themselves  by  their  hands. 

He  has  excited  domestic  insurrections  amongst  us,  and 
has  endeavored  to  bring  on  the  inhabitants  of  our  frontiers 
the  merciless  Indian  savages,  whose  known  rule  of  warfare 
is  an"  undistinguished  destruction  of  all  ages,  sexes,  and 
conditions. 

In  every  stage  of  these  oppressions  we  have  petitioned  for 
redress  in  the  most  humble  terms :  our  repeated  petitions 
have  been  answered  only  by  repeated  injury.  A  prince, 
whose  character  is  thus  marked  by  every  act  which  may 
define  a  tyrant,  is  unfit  to  be  the  ruler  of  a  free  people. 

Nor  have  we  been  wanting  in  attentions  to  our  British 
brethren.  We  have  warned  them  from  time  to  time  of 
attempts,  by  their  legislature,  to  extend  an  unwarrantable 
jurisdiction  over  us ;  we  have  reminded  them  of  the  cir- 
cumstances of  our  emigration  and  settlement  hei'e  ;  we  have 
appealed  to  their  native  justice  and  magnanimity ;  and  we 
have  conjured  them,  by  the  ties  of  our  common  kindred,  to 
disavow  these  usurpations,  which  would  inevitably  interrupt 
our  connections  and  correspondence.  They,  too,  have  been 
deaf  to  the  voice  of  justice  and  consanguinity.  We  must 
therefore  acquiesce  in  the  necessity  which  denounces  our 
separation,  and  hold  them,  as  we  hold  the  rest  of  mankind  — 
enemies  in  war;  in  peace,  friends. 

We,  therefore,  the  representatives  of  the  United  States  of 


THE  APPELLATION  KEYSTONE  STATE. 


Vl'^ 


America,  in  general  Congress  assembled,  appealing  to  the 
Supreme  Judge  of  the  world  for  the  rectitude  of  our  intcii- 
tious,  do,  in  the  name  and  by  the  autliority  of  the  good  people 
of  these  colonies,  solemnl}'  publish  and  declare,  that  these 
united  colonies  are,  and  of  right  ought  to  be,  free  and  inde- 
pendent States ;  that  they  are  absolved  from  all  allegiance 
to  the  British  Crown ;  and  that  all  jjolitical  connection 
between  them  and  the  State  of  Great  Britain  is  and  ought 
to  be  totally  dissolved ;  and  tliat,  as  free  and  independent 
States,  they  have  full  power  to  levy  war,  conclude  peace, 
contract  alliances,  establish  commerce,  and  to  do  all  other 
acts  and  things  which  independent  States  may  of  right  do. 
And  for  the  support  of  this  Declaration,  w^ith  a  firm  reliance 
on  the  protection  of  Divine  Providence,  we  mutually  pledge 
to  each  other  our  lives,  our  fortunes,  and  our  sacred  honor. 


New  Hampshire. 
Josiah  Bartlett, 
William  Whipple, 
Matthew  Thornton. 

Massachussetts. 
John  Hancock, 
Samuel  Adams, 
John  Adams, 
Robert  Treat  Paine, 
Elbridge  Gerry. 

Connecticut. 
Roger  Sherman, 
Samuel  Huntington, 
William  Williams, 
Oliver  Walcott. 

Rhode  Island. 
Stephen  Hopkins, 
William  Ellerv. 


New  York. 
William  Floyd, 
Philip  Livingston, 
Francis  Lewis, 
Lewis  Morris. 

New  Jersey. 
Richard  Stockton, 
John  AVitherspoon, 
Francis  llopkinson, 
John  Hart, 
Abraham  Clark. 

Pennsylvania. 
Robert  Morris, 
Benjamin  Rush, 
Benjamin  Franklin, 
John  Morton, 
George  Clymer, 
James  Smitli, 
George  Taylor, 


124 


A  HISTORY  OF  THE  ORIGIN  OF 


James  Wilson, 
George  Ross. 

Delaware. 
Csesar  Rodney, 
George  Read, 
Thomas  McKean. 

Maryland, 

Samuel  Chase, 
William  Paca, 
Tliomas  Stone, 
Charles  Carroll  of  Carroll- 
ton. 

Vrnjinia. 
George  Wythe, 
Richard  Henry  Lee, 
Thomas  Jefferson, 
Benjamin  Harrison, 


Thomas  Nelson,  Jr., 
Francis  Lightfuot  Lee, 
Carter  Braxton. 

North  Carolina. 
William  Hooper, 
Joseph  Hewes, 
John  Peuu. 

South  Carolina. 
Edward  Rutledge, 
Thomas  Heyward,  Jr., 
Thomas  Lynch,  Jr., 
Arthur  Middleton. 

Georgia. 
Button  Gwinnett, 
Lyman  Hall, 
George  Walton. 


JOHN  MORTON. 


oi«<c 


Biography  from  "The  Sages  and.  Heroes  of  the  American 
Revolution,"  by  L.  Carroll  Judson,  page  267: 

COURAGE  aud  perseverance,  unaided  by  wisdom  and 
sound  discretion,  often  lead  men  into  unforeseen  and  un- 
anticipated difficulties.  Combined,  they  are  the  fulcrum  and 
lever  of  action.  Guided  by  a  wise  discretion,  with  talent  to 
conceive  and  boldness  to  execute,  the  Aveak  become  strong, 
and  effect  wonders  at  which  they  look  with  astonishment 
after  the  mighty  work  is  accomplished.  To  these  combined 
qualities  of  the  Sages  and  Heroes  of  the  American  Kevolu- 
tion  we  owe  the  blessings  of  liberty  we  now  enjoy  more  than 
to  the  physical  powers  of  our  nation  at  that  time.  Compared 
with  the  fleets  and  armies  of  the  mother  country  at  the 
eventful  era  when  the  Declaration  of  our  Independence  was 
adopted,  the  available  force  of  the  colonies  dwindles  to  insig- 
nificance. The  one  a  giant  in  the  pride  of  his  glory  —  the 
other  an  infant  just  bursting  into  life.  The  one  a  Goliath 
clad  in  bristling  armor  —  the  other  a  pioueer-boy  with  a 
puerile  sling.  The  one  with  a  veteran  army  aud  navy 
armed  in  panoply  complete,  well  clothed,  fed,  and  paid  — 
the  other  with  scattered  fragments  of  raw  recruits,  a  few 
light  vessels,  the  men  poorly  equipi)ed,  sparingly  fed, 
11*  12.J 


126  A  HISTORY  OF  THE  ORIGIN  OF 

worse  clothed,  and  seldom  paid.  Without  refemng  the  suc- 
cessful termination  of  the  Revolutionary  struggle  to  the 
wisdom  and  perseverance  of  the  patriots,  who,  under  God, 
conceived,  planned,  and  executed  the  noble  work,  it  would 
be  an  unsolved  enigma. 

"  John  Morton  was  proverbial  for  his  discreet,  wise,  cour- 
ageous, and  persevering  course  of  life.  He  was  a  posthumous 
child,  born  in  Ridley,  Delaware  County,  Pennsylvania,  in 
1724.  His  ancestors  came  from  Sweden  at  an  early  period, 
and  settled  on  the  banks  of  the  Delaware  River,  near  Phila- 
delphia. John's  flither,  of  the  same  Christian  name,  married 
Mary  Richards  when  he  was  very  young,  and  died  before 
his  majority.  The  widow  subsequently  married  with  John 
Sketchley,  an  intelligent  Englishman,  who  proved  a  good 
husband  and  kind  step-father.  To  him  John  was  principally 
indebted  for  his  substantial  English  education,  having  en- 
joyed the  advantages  of  a  school  but  thi'ee  months.  Being 
a  good  mathematician  and  skilful  surveyor,  his  step-son 
became  perfect  master  of  this  important  branch  of  science, 
which,  more  than  any  other,  is  calculated  to  lead  a  man 
into  precision  of  thought  and  action.  Based  on  invariable 
truth  and  lucid  demonstration,  never  resting  on  false  premi- 
ses, always  arriving  at  incontrovertible  conclusions,  it  gives 
a  tone  to  the  mental  powers  calculated  to  produce  the  most 
salutary  results.  Education  is  incomplete  without  mastering 
mathematics. 

"  Young  Morton  continued  with  his  faithful  guardian  until 
manhood  dawnetl  upon  liiin,  aiding  in  tlie  business  of  agri- 
culture and  surveying,  constantly  storing  his  mind  with  useful 
knowledge  —  testing  theory  by  practice.  In  17G4,  he  was 
commissioned  a  justice  of  the  peace,  and  shortly  after  was 
elected  to  the  Assembly  of  his  native  State.  He  soon  became 
conspicuous,  and  was  subsequently  Speaker  of  the  House 
(luring  several  sessions.  He  took  a  deep  interest  in  the  welfare 
of  his  country,  and  was  a  nienil)er  of  the  Congress  assembled 


THE  A  PPELLA  TION  KE  YSTONE  ST  A  TK.         1  'i  7 

at  New  York  in  1765  to  concert  measures  for  the  repeul  of 
the  odious  Stamp  Act.  He  concurred  in  the  stronj^  and 
bold  appeals  of  that  body,  which  virtually  kindled  the  fire 
of  the  Revolution.  Although  smothered  for  a  time,  it  was 
never  extinguished  until  it  consumed  the  last  vestige  of 
British  power  in  America,  and  expired  for  want  of  fuel. 
In  1767,  he  became  the  sheriff  of  his  county,  which  station 
he  ably  filled  for  three  years.  He  was  then  appointed 
President  Judge  of  his  district,  and  gained  the  admiration 
and  esteem  of  the  entire  community.  About  this  time  he 
performed  a  very  sensible  act  by  marrying  Anne  Justis,  of 
the  State  of  Delaware,  who  was  worthy  to  be  the  wife  of  a 
patriot,  and  contributed  largely  to  his  happiness  through 
life. 

"  When  the  dread  clarion  of  war  was  sounded  from  the 
heights  of  Lexington,  the  indignation  of  the  people  in  his 
neighborhood  was  so  roused  that  they  at  once  raised  a  bat- 
talion of  volunteers,  and  elected  Judge  Morton  Colonel.  He 
was  compelled  to  decline  the  epic  honor,  having  been  recently 
appointed  a  Judge  of  the  Supreme  Court  of  Pennsylvania. 
In  July,  1774,  he  was  made  a  member  of  the  Congress  that 
convened  in  Philadelphia  the  following  September.  The 
grand  object  of  that  Congress  was  to  make  a  last  and  noble 
effort  to  effect  a  reconciliation  between  the  two  countries, 
and  heal  instead  of  increasing  the  unfortunate  breach.  To 
this  end  men  of  cool  deliberation,  deep  thought,  matured 
judgment,  profound  wisdom,  and  })ure  patriotism  were 
selected  for  this  important  work,  on  which  depended  the 
destiny  of  themselves  and  unborn  millions.  When  the 
delegates  assembled,  a  deep  and  awful  solemnity  seemed  to 
pervade  every  miml.  No  noise  was  heard  but  the  still  mur- 
muring of  the  rushing  blood,  the  beating  of  anxious  hearts, 
and  the  quick  respiration  of  those  who  had  congregated. 
The  proceedings  were  opened  by  prayer.  Every  soul  seemed 
to  commune  with  the  spirits  of  another  world  as  by  vesper 


128  A  HISTORY  OF  THE  ORIGIX  OF 

orisons.  After  the  address  to  the  throne  of  grace,  the  same 
awftJ  silence  reigned.  Still,  nothing  was  heard  but  the  rush 
of  the  purple  stream  and  the  throb  of  anxious  hearts.  Trem- 
bling tears  and  quivering  lips  told  the  emotions  of  many  a 
bosom  —  too  full  to  be  expressed,  too  deep  to  be  fathomed, 
too  strong  to  be  endured.  At  length  the  mighty  spirit  of 
Patrick  Henry  burst  forth  in  all  the  sublimity  of  its  native 
majesty,  and  broke  the  mighty  spell.  In  bold  and  glowing 
colors,  shaded  with  dignified  sincerity,  —  painted  upon  the 
canvas  of  eternal  justice  with  the  pencil  of  unerring  truth, — 
he  delineated  American  rights  and  British  wrongs.  When 
he  closed,  every  patriot  responded  a  hearty  Ame>'.  Their 
mouths  were  opened,  their  burdens  lightened,  they  breathed 
more  freely. 

"  In  May,  1775,  Judge  Morton  took  his  seat  in  Congress, 
and  was  re-elected  in  November.  In  July,  1776,  he  closed 
his  Congressional  career.  Before  leaving,  he  placed  a  brilliant 
star  upon  the  bright  escutcheon  of  his  name,  by  voting  for 
and  signing  the  Chart  of  our  Liberty  —  the  manifesto  of 
freemen  against  the  usurpations  of  tyranny.  During  the 
time  he  was  in  Congress,  he  was  highly  esteemed  as  a  cool, 
deliberate,  discreet  man  —  purely  patriotic,  and  anxious  to 
do  all  in  his  power  to  promote  the  righteous  cause  of  his 
bleeding  country.  He  weighed  well  the  consequences  of 
severing  the  bonds  that  bound  the  colonies  to  the  mother 
country.  Unsustained,  the  Declaration  of  Independence 
was  probable  death  to  many — a  more  severe  slavery  for  the 
survivors.  To  all  human  appearance,  the  patriots  must  be 
crushed  by  the  physical  force  of  their  enemies,  then  pouring 
into  the  country  by  thousands,  and  sweeping  everything 
before  them  like  a  mighty  torrent.  There  were  five  delegates 
from  his  colony  in  Congress  on  the  fourth  of  July,  1776. 
Tico  of  them  ivere  bitterly  opposed  to  the  mea-nire  and  tico  in 
favor,  which  gave  him  the  CASTCfG  VOTE.  On  him  depended 
the  enhanced  misery  or  happy  delivery  of  hi.s  country.      ]Vhen 


THE  A  PPELLA  TION  KEYSTONE  ST  A  TE.         1 29 

the  final  moment  arrived,  he  east  his  vote  in  favor  of  the  impor- 
tant instrument  that  should  prove  either  the  death-warrant  or 
the  dipjloma  of  freedom.  Some  of  his  old  friends  censured 
him  severely  for  the  bold  act,  and  were  so  strongly  tinctured 
with  toryisra  that  they  would  not  be  reconciled  to  him  when 
he  lay  upon  the  bed  of  death.  Such  were  the  strong  party 
feelings  during  the  Revolution.  His  dying  message  to  them 
was  worthy  the  sage  and  Christian :    '  Tell   them   TiL\T 

THEY  WILL  LIVE  TO  SEE  THE  HOUR  WHEN  THEY  SHALL 
ACKNOWLEDGE  IT  TO  HAVE  BEEN  THE  MOST  GLORIOUS 
SERVICE  THAT    I    HAVE    EVER    RENDERED  TO  MY  COUNTRY.' 

The  truth  of  his  prophecy  has  been  most  happily  verified  so 
far  as  his  services  were  concerned ;  if  the  other  part  has 
not,  do  not  go  in  mourning  for  its  failure. 

"  When  the  Articles  of  Confedei'ation  were  under  discus- 
sion in  Congress,  Judge  Morton  was  frequently  chairman 
of  the  committee  of  the  whole,  and  presided  with  great 
ability  and  dignity.  In  April,  1777,  he  was  attacked  with 
a  highly  inflammatory  fever,  which  terminated  his  life  in  a 
few  days,  in  the  midst  of  usefulness,  with  fresh  honors 
awaiting  him  as  time  rolled  onward.  His  premature  death 
was  deeply  mourned  by  his  bereaved  companion,  eight 
children,  a  large  concourse  of  bosom  friends,  the  members 
of  the  bar,  his  associate  judges,  the  State  Legislature,  Con- 
gress, and  by  every  patriot  of  his  country. 

"As  a  private  citizen.  Judge  Morton  possessed  an  unusual 
share  of  esteem.  He  was  endowed  with  all  the  amiable 
qualities  that  enrich  the  domestic  circle  and  social  inter- 
course. As  the  crowning  glory  of  his  fair  fame,  he  ])rofessed 
and  adorned  the  religion  of  his  Lord  and  Master,  and  died 
triumphing  in  faith.  His  dust  reposes  in  the  cemetery  of 
St.  James's  Church  in  Chester,  Pennsylvania.  His  examples 
are  worthy  of  the  closest  imitation  ;  his  brief  career  ad- 
monishes us  of  the  uncertainty  of  human  life;  his  happy 
death  is  an  evidence  of  the  truth  of  unvarnished  ['iety."  • 

I 


THE  JfE¥  CONSTITUTION 


OF 


PENNSYLVANIA. 


131 


ALPHABETICAL  CONTENTS. 


Amendments,  Future    . 

Canals  and  Railroads 
Cities  and  City  Char- 
ters    .... 
Corporations,  Private  . 

Counties,  New 
County  Officers  . 


PAGE 

177 

175 

172 

172 
170 
170 


Declaration  of  Rights    135 

Education  .  .  .169 
Elections  .  .  .  1G2 
Executive,  The     .        .    149 

Finance  ....  166 
Future  Amendments    .    177 

Impeachment,   and    Re- 
moval from  Office    .    161 

Judiciary,  The       .        .    154 


Legislation    . 
Legislature,  The 

Militia   . 


PAOR 

14.? 
139 

169 


Office,     Impeachment, 

and  Removal  from  .  161 

Office,  Oath  of    .        .  ir.l 

Officers,  County  .        .  170 

Officers,  Public    .        .  170 

Private  Corporations  .  172 

Public  Officers    .        .  170 

Railroads  and  Canals  175 

Rights,  Declaration  of  135 

Schedule        .        .        .  179 
Signers  of  Constitution 

186, 187 

Suffrage  and  Elections  162 

Taxation  and  Finance  16G 


12 


133 


CONSTITUTION 

OF  THE 

COMMONWEALTH  OF  PENNSYLVANIA, 

Adopted  December  16,  1873. 

-e®=-  The  OLD  portions  of  the  Constitution  are  printed  in  Italic,  and  the  new  in 
Roman  type. 

PREAMBLE. 

We,  the  People  of  the  Commonwealth  of  Penn- 
sylvania, grateful  to  Almiglity  God  for  the  blessings  of 
civil  and  religious  liberty,  and  liunibly  invoking  His  guid- 
ance, DO  ordain  and  establish  this  Constitution. 

ARTICLE  I. 

Declaration  of  Eights. 

Tliat  the  general,  great,  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  unalterably  estab- 
lished, we  declare  that 

Section  1.  All  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeaalble  jcqiittiifi/  and 
rights,  among  which  are  those  of  enjoying  and  rif/hts  of  nion. 
defending  life  and  liberty,  of  acquiring,  possemng,  and  protect- 
ing projierty  and  rejyutatlon,  and.  of  pursuuig  their  own  happi- 
ness. 

Sec.  2.  Allj)ower  is  inherent  in  the  peo-  i,^,"!/.l.',^"^  in'^'i'iil 
pie,  and  all  free  governments  are  founded  on   j>;oi>i<%  riuir 

their  authority  and  instituted  for  their  peace,  ^yl[,'J,.uuient."^ 
safety,  and  happiness. 

5  A  2  135 


1 3G        THE  CONSTITUTION  OF  PENNSYL  V.  1 NIA. 

For  the  advancevwnt  of  these  ends,  they  hare  at  all  times  an 
inalienable  and  indefeasible  right  to  alter,  reform,  or  abolish 
their  government  in  such  manner  as  they  may  think  proper. 
Sec.  3.  All  men  have  a  natural  and  indefeasible  right  to 
x<itiiiai  rights  of  Worship  Almighty  God  according  to  the  dic- 
'^frll'itulu'^^of  u-'or.  ^^*'^*'  ^/  ^^'^ "'  ^H'/i  consciences ;  no  man  can 
ship.  of  right  be  compelled  to  attend,  erect,  or  sup- 

port a7iy  place  of  worship,  or  to  maintai)b  any  minidry  against 
his  con.sent ;  no  human  authority  can,  in  any  case  whatever, 
co)drol  or  interfere  ivith  the  rights  of  conscience,  and  no  prefer- 
ence shall  ever  be  given  by  law  to  any  religious  establishments 
or  modes  of  worship). 

lU'iiifioun  oj>iu.  Sec.  4.  No  person  who  achiowledges  the 
]','i'aiitu'*  fj"  houi-  ^'^^^^9  ^f  ^  God  and  a  future  state  of  reivards 
ill!/  o/jicc.  and  pjunishments  shall,  on  account  of  his  re- 

ligious sentiments,  be  disqualified  to  hold  any  office  or  ])lace  of 
trust  or projit  under  this  Commonwealth. 

Freedom  of  eiec-  Sec.  5.  Elections  shall  be  free  and  equal; 
*"'"*•  and  no  power,  civil  or  military,  shall  at  any 

time  interfere  to  prevent  the  free  exercise  of  the  right  of 
suffrage. 

Sec.  6.   Trial  by  jury  shall  be  as  hereto- 
ijjiirtj.        fore,  and  the  right  thereof  remain  inviolate. 
Sec.  7.    The  j)rinting-press  shall  be  free  to  every  person  who 
Freedom  of  the  may  Undertake  to  examine  the  proceedings 
2'''*'***  of  the  legislature  or  any  branch  of  govern- 

ment, and  no  law  shall  ever  be  made  to  restrain  the  right 
thereof. 

The  free  communication  of  thoughts  and  opinions  is  cne  of 
the  invaluable  rights  of  man,  and  every  citizen  may  freely 
speak,  write,  and  pjrint  on  any  subject,  being  responsible  for 
the  abuse  of  that  liberty. 

No  conviction  shall  be  had  in  any  prosecution  for  the  pub- 
,,      „      .       ,     licatiou  of  papers  relating  to  the  official 

Ahsenee   of  mill-  »      J  .  ^       ,  ,. 

ire  in  trials  for  coiuluct  01  officcTS  or  meu  ui  pui)lic  Capacity, 
'''""'  or  to  any  other  matter  proper  for  public 

investigation  or  information,  where  the  fact  that  such  i)ub- 
licatioii  -was  not  maliciously  or  negligently  made  shall  be 
established  to  the  satisfaction  of  the  jury;  and  in  all  indict- 
ments for  libels,  the  jury  shall  have  the  right  to  determine 
the  law  and  the  facts,  under  the  direction  of  the  court,  as  iu 
other  cases. 

6 


TITE  CONSTITUTION  OF  PENNS YL  VA  NI.  1 .       1  •'  5  7 

Sec.  8.  Tlie  people  shall  be  secure  in  their  persons,  houxr.t, 
papers,  and  po-<session.s  from  xuireamnnble 
searches  a)id  seizures,  and  no  ivarront  to  «et««'"c'"fT»/. ,■/<•!/'"' 
search  any  place  or  to  seize  any  person  or 
things  shall  issue  ivitliout  describing  them  as  nearly  as  may  be, 
nor  without  probable  cause,  supported  by  oath  or  affirmation, 
subscribed  to  by  the  affiant. 

Sec.  9.  In  all  criminal  prosecution^^,  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel,  to  de- 
mand the  nature  and  cause  of  the  accusation  and' i>riviilffl»"^iu 
against  him,  to  meet  the  witnesses  face  to  face,  f.'"''"*""'  prosecu. 
to  have  compulsory  process  Jar  obtaining  wit- 
nesses in  his  favor,  a)id,  i)i  prosecutions  by  indictment  or  infor- 
mation, a  speedy  public  trial  by  an.  impartial  jury  of  the 
vicinage;  he  cannot  be  compelled  to  give  evidence  against  him- 
self, nor  can  he  be  deprived  of  his  life,  liberty,  or  property, 
unless  by  the  judgment  of  his  peers  or  the  laiv  of  the  land. 

Sec.  10.  No  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded  against   criminally   by   information, 
except  in  cases  arising  in  the  land  or  naval  -,n<,tl"!iT'ihniti'u'' 
forces,  or  in  the  militia,  when  in  actual  se)'- 
vice,  in  time  of  war  or  public  danger,  or  by  leave  of  the  court 
for  oppression  or  misdemeanor  i)i  ojjice. 

No  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy 
of  life  or  limb ;  nor  shall  private  property  be  .        .       . 

taken  or  applied  to  public  'use,  without  au-  «,•<///'  .ii>i>>-i>i',i'hi. 
thority  of  law  and  without  just  compensation  'l"".f]f/J'jJuOii'cu'Z' 
being  first  made  or  secured. 

Sec.  11.  All  courts  shall  be  open;  and  every  man  for  an 
inmrii  done  him  in  his  lands,  goods,  person,         ^  ,    .   .  ^    ^. 

''•',,•  J      77  7  It        I  Admiinstrtitioii 

or  reputation,  s/iaU  liave  remedy  by  due  course  ofjustirr  t»  !>,■  /(•<■<•. 
of  law,  and  right  and  justice  administered   'l"/J,'',,/J;lll.[!',ufi!'''^ 
without  sale,  denial,  or  delay.     iSuits  may  be 
brought  against  the   Commonwealth  in  such  manner,  in  such 
courts  and  in  such  cases  as  the  legislature  may  by  law  direct. 

Sec.  12.  No  power  of  stu^pending  laws  jj,„;t„„„„  „,,„„ 
shall  be  exercised  unless  by  the  legislature  siisp<iision<>t  hms. 
or  by  its  authority.  ■ .   i    i    ■ 

Sec.  13.  Excessive  bail  .'<hall  not  be  re-  fiii^i^fWu'i  "rn'iri 
quired,  nor  excessive  fines  impjosed,  nor  cruel  /'.",J)^;'f ""'"'  ^"" 
punishments  injiicted. 

Sec.  14.  All  pjrisoners  shall  be  bailable  by  sufficient  sureties, 
U*  7 


138       THE  CONSTITUTION  OF  PENNSYLVANIA. 

unless  for  capital  offences  when  the  proof  is  evident  or  jiresump- 
,    ..       tion  (treat ;  and  the  privilege  of  the  ivrit  of 

Prtsourrn    hnilii-  •'  i      ii         j    ,  71 

hir.    Habeas  Cvi--   HABEAS  CORPUS  shau  Hot  DC  svf<pended,  vn- 
■'""'•  less  when  in  case  of  rebellion  or  invasion  the 

public  safety  may  require  it. 

.    .  Sec.  15.  No  commission  of  Over  and  Ter- 

of  oin-v  find  Tcr-  miner  or  Jail  Uelivery  .viail  be  issued. 
"'y::;;Z::::Z:>tof  Sec.  16.  T/w  person  of  «  debtor,  where 
i„s„trr„t  luotora  there  is  not  strong  presumption  of  fraud, 
shall  not  be  continued  in  jjrimn  after  deliv- 
ering up  his  estate  for  the  benefit  of  his  creditors  in  such  manner 
as  shall  be  p)rescribed  by  law. 

Lows  ex.  post  Sec.  17.  Xo  ex  post  facto  law,  nor  any 
facto  or  imixiir.  ^f,,{,  impairing  the  obligation  of  contracts,  or 
rrrur.u.t,-  >/runt.s,  niukiiig  iiTevociible  any  grant  of  special 
''''■••  /"'•'"<''''■"  privileges  or  iiuniuuitics,  shall  be  passed. 

.>o  li-i/i.sliitirp  at-     '^      ,  ,  -.  ,,       nr  1      11    1  1,     ■     1      i       jy 

t,ii,„i,r  of-  triaaon        teEC.  lo.  J\o  person  sliuU  bc  attainted  oj 

or  fiionij.  treason  or  felony  by  the  legislature. 
not   ii'orh'corrup-       Sec.  19.  No  attainder  shall  work  eorimption 

tion    of   i,ioo,i    or  of blood,nor,e.vcept duriiir/the Ufeoftheoffend- 

liff.  er,  Jorjedure  oj  estate  to  the  Lommonwealtn. 
\o  forfritiirr  for        j'/ig  estate  of  such  persons  as  shall  destroy 

Muirhit'   or    in    rose       ,      .  i-  1      n      1  J  i 

of  iicitth  bij  cMsti.   their  own  lives  shall  descend  or  vest  as  in 

""^-  cases  of  natural  death,  and  if  any  person  shall 

be  killed  by  casualty,  there  shall  be  no  forfeiture  by  reason  thereof. 

Sec.  20.   The  citizens  have  a  right  in  a  peaceable  manner  to 

Kiijiita  of  nicft-  u.fsenible  together  for  their  coinmon  good,  and 
imj  unci  petition,  ff,  apply  to  tliosc  invcstcd  with  the  poivers  of 
gurernment  for  redress  of  grievances  or  other  proper  purposes, 
by  jfi'tition,  address,  or  remonstrance. 

Kit/iit  to  bear  Sec.  21.  The  right  of  the  citizens  to  bear 
"'■""'•  arms  in  defence  of  themselves  and  the  state 

shall  not  be  queMioned. 

..  ,      ,.     ,.        ~        Sec.  22.  No  .ftandinq  arnvi  shall,  in  time 

Siibordinfition  of  ,1  ■',  1 

the  niiiiinrif  to  the   of  jteacc,  bc  kept  up  witltout  the  consent  of  the 
ciri    poiver.  legislature,  and  the  military  shall  in  all  cases 

and  at  all  times  be  in  strict  subordination  to  the  civil  poiver. 
Si:«'.  2."}.  No  soldier  shall  in  time  of  peace  be  quartered  in 
Qnarierinu      of   0"^/  housc  williout  tlic  conscnt  of  tlic  owucr, 
troops  in  houses,      ^j,;,.  j,j  ^j,,jg  (jj  ^^.^jj.  ^,j^  1,^  ^  viunncr  to  be 

prescribed  by  law. 

Sec.  24.    The  legislature  shall  not  grant  any  title  of  nobility 


THE  CONSTITUTION  OF  PENNSYLVANIA.       139 

or  Jiereditanj  distinefion,  nor  create  any  office  ,-,f  %,'''','^.  "r,.",','l'i'f 

the  oppointineut  to  which  shall  be  for  a  longer  tu-.,<>i-  offirr  tinurl: 

term  than,  durinrf  good  behavior.  t""/!^.    ^'""^    '"" 

Sec.  25.  Emigration  from  the  State  shall  izm ig ration  jter- 

not  be  prohibited.  mnted. 

Sec.  26.   To  guard  against  transgressions  of  the  high  powers 

which  we   have   delegated,  we   declare   that  t^,       ti  • 

everything  m  this  article  is  excepted  out  of  tfiix  niticir  ^.mpt- 

the  general  powers  of  government,  and  shall  ^f  {fuoeri'/nen't'.'^^'^ 
for  ever  remain  inviolate. 


ARTICLE  11. 

The  Legislature. 

Section  1.    The  legislative  power  of  this    Commonwealth 
shall    be    vested   in   a     General   Assembly,      The      leffisiaUve 
which  shall  consist  of  a  Senate  and  House   power  vested, 
of  liepresentatives. 

Sec.  2.  Members  of  the  General  Assembly  shall  be  chosen 
at  tlie  general  election  every  second  year.      jnennini      eiec- 
Their  term  of  service  shall  begin  on  the   **<"'«• 
first  day  of  December  next  after  their  election. 

Whenever  a-vacancy  shall  occur  in  either  House,  the  presiding 
officer  thereof  shall  issue  a  writ  of  election  to 

•7.77  7  ■  i>       ,1  ■      1  !•  ,1      ,  Vacancies,      how 

Jill  sucli  vacancy jor  tlie  remainder  oj  the  term,   fiiu-d. 
Sec.  3.  Senators  shall  be  elected  for  the    ^     ■  ,  ^-    ^ 

„  „  ,   „  ■  <•         Lcffislative  terms. 

term  01  tour  years,  and  liepresentatives  lor 
the  term  of  two  years. 

Sec.  4.  The  General  Assembly  shall  meet  at  twelve 
o'clock,  noon,  on  the  first  Tuesdav  of  Jan-         .       .  , 

-,  T      ,       ,  1  , .  Utennial      nieet- 

uary  every  second  year,  and  at  other  times   inf/s. 
when  convened  by  the  Governor,  but  shall      'Special  sessions. 
hold  no  adjourned  annual  session  after  the  year  one  thousand 
eight  hundred  and  seventy-eight. 

In  case  of  a  vacancy  in  the  office  of  United  States  Senator 
from  this  Commonwealth,  in  a  recess  between  sessions,  the 
Governor  shall  convene  the  two  Houses,  by  proclamation  on 
notice  not  exceeding  sixty  days,  to  fill  the  same. 

Sec.  5.  Senators  shall  be  at  least  twenty-      ^     ,.^    .. 

J.  J.  ,    j^  a    J-  J  /  Qualifications  of 

Jive  years  of  age  ana  liepresentatives  twenty-   senators  and  itep- 
one  years  of  age.     Tliey  shall  have  been  citi-  '>''"^'"*tatives. 

9 


140       THE  CONSTITUTION  OF  PENNSYLVANIA. 

sens  and  inhabitants  of  the  State  FOUR  years,  and  inhabitants 
of  their  respective  districts  one  year  next  before  their  election 
{unless  absent  on  pvblic  business  of  the  United  States  or  of  this 
State),  and  shall  reside  in  their  respective  districts  during  their 
terms  of  service. 

Sec.  6.  Xo  Senator  or  Representative  shall,  diirinf/  the  time 

insqtuiiiflrntioii  fov  xvhich  he  sluill  have  been  elected,  be  ap- 
/'!,>"'''"""'""'"' ^  pointed  to  any  civil  office  vnder  this  Com- 
Mr'mhfrs  of  Con-  monxvecdth,  and  no  member  of  Congress  or 
hi,' 7.',  avnerl'tiAli-  othcr  pcrson  holding  any  office  {except  of 
grnioii/.  attorney-at-bnv  or  in  the  militia)  under  the 

United  States  or  this  Commonicecdth  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Sec.  7.   ^^o  person   hereafter  convicted  of  ombezzleniont 

^  .  .  ^  of  iiublic  money!?,  bribery,  perjury,  or  other 
/<///,  rrhncs  to  (Hk-  infauiou.s  crini(>,  sliall  be  elii,nhle  to  the 
'/""/'/.'/•  General  A^jsenibly,  or  capable  of  holding 

any  office  of  trust  or  profit  in  this  Coninionwealth. 

Sec.  8.    The  members  of  the  General  Assembly  shall  receive 

Compi'iisfition  ^^'<^^^  Salary  and  mileage  for  regular  and 

shall  be  jixcti.  special  scssions  as  shall  be  fixed  by  law,  and 

no  other  compensation  whatever,  whether  for  service  upon 

committee  or  otherwise. 

No  member  of  either  House  shall,  during  the  term  for 
jNo  increase  of  which  he  may  have  been  elected,  receive 
""'"'•'/•  any  increase  of  salary,  or  mileage,  under 

any  law  passed  during  such  term. 

Sec.  9.  The  Senate  shall,  at  the  beginning  and  close  of 
each  regular  session  and  at  such  other  times 

J'ri  sill i III/  otliccrx.  •  ■•       ,  i-   • , 

as  may  be  necessiii-y,  elect  one  of  its  mem- 
bers Pre-ident  ])r(>  tempore,  who  shall  perform  the  duties  of 
the  Lieutenant-Governor,  in  any  case  of  absence  or  disability 
of  that  officer,  and  whenever  the  said  office  of  Lieutenant- 
Governor  shall  l)e  vacant. 

The  House  of  KeprcscHtatives  shall  elect  one  of  its  mem- 
JmcU    House    to   bi'rs  as  Speaker. 
juiiw  of  II, e  ,j„,,i-       ]0;ieli  1  louse  shall  choose  its  other  officers, 
lie',',,},','"!!.     "'     '  "   imd  shall  judge  of  the  election  and  quali- 
,.  fications  of  its  mend)ers. 

Si;c.  10.  yi  majordy  of  each  House  shall 
couidilule  a  quorum,  but  a  smaller  number  may  adjourn  from 
d'ly  to  day  and  comjni  the  attendance  of  absent  members. 

10 


THE  CONSTITUTION  OF  PENNSYLVANIA.       141 

Sec.  11.  Each  House  shall  have  power  to  determine  the  rules 
of  its  proct'edings  and  punish  its  members  or  j>owr,-a  of  each 
other  persons  for  contempt  or  disorderly  -^"«'«'?- 
behavior  in  its  presence,  to  enforce  obedience  to  its  process, 
to  protect  its  members  against  violence  or  offers  of  bribes  or 
private  solicitation,  and  with  the  concurrence  of  two-thirds  to 
expel  a  member,  but  not  a  second  time  for  the  same  cause,  and 
shall  have  all  other  potvers  necessary  for  the  legislature  of  a  free 
state.  A  member  expelled  for  corruption  sliall  not  thereafter 
be  eligible  to  either  House,  aiid  punishment  for  contem})t  or 
disorderly  behavior  shall  not  bar  an  indictment  for  the  same 
offence. 

Sec.  12.  Each  House  shall  keep  a  journal  of  its  proceedings 
and  from  time  to  time  jyublish  the  same,  except     j^„pj^  iinuse  shall 
such  parts  as  require  secrecy,  and  the  yeas  and    itwp  nndiuMisU  a 
nays  of  the  members  on  any  question  sliall,  at  J""''""  • 
the  desire  of  any  tivo  of  them,  be  entered  on  the  journal. 

Sec.  13.   2Vie  sessions  of  each  House  and  of  Committees  of 
the    Whole  shall  be  open,  unless  luhen  the 

7       .  .  7  1 1  ±     1      1       I  ±  Sessions  to  be  open, 

business  is  such,  as  ought  to  be  kept  secret. 

Sec.  14.   Neither  House  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two      'J'""""'^"  *• 
Houses  shall  be  sitting. 

Sec.  15.  The  members  of  the  General  Assembly  shall  in  all 
cases,  except  treason,  felony,  violation  of  their  riiviieaes  of  mem- 
oath  of  office,  and  breach  or  surety  of  the  peace,  *'*'''*• 
be  j^rivileged  from  arrest  during  their  attendance  at  the  sessions 
of  their  respective  Houses  and  in  going  to  and  returning  from 
the  same ;  and  for  any  speech  or  debate  in  either  House  they 
shall  not  be  questioned  in  any  other  j)lace. 

Sec.  16.  The  State  shall  be  divided  into  fifty  senatorial 
districts  of  compact  and  contiguous  territory      single  senatorial 
as  nearly  equal  in  population  as  may  be,   '^««*'''f'*- 
and  each  district  shall  be  entitled  to  elect  one  Senator. 

Each  county  containing  one  or  mox'e  ratios  of  population 
shall  be  entitled  to  one  Senator  for  each  counties  of  one 
ratio,  and  to  an  additional  Senator  for  a  "'•  '""'■"  »•""■"«• 
surplus  of  population  exceeding  three-fifths  of  a  ratio,  but 
no  county  sliall  form  a  separate  district  unless  it  shall  con- 
tain four-fiftlis  of  a  ratio,  except  where  the  adjoining  counties 
are  each  entitled  to  one  or  more  Senators,  when  such  county 

11 


142       THE  CONSTITUTION  OF  PENNSYLVANIA. 

inav  be  assigned  a  Senator  on  less  than  four-fifths  and  ex- 
ceeding one-half  of  a  ratio ;  and  no  county  shall  be  divided 
unless  entitled  to  two  or  more  Senators. 

No  city  or  county  shall  be  entitled  to  separate  representa- 
tion exceeding  one-sixth  of  the  Avhole  number  of  Senators. 

w„r,i.ctc.,uot  to  ^o  ward,  borough,  or  township  shall  be 
be  (licuuti.  divided  in  the  formation  of  a  district. 

The  senatorial  ratio  shall  be  ascertained  by  dividing  the 
Avhole  population  of  the  State  by  the  num- 
ber  ot  ntty. 

Sec.  17.  The  members  of  the  House  of  Kepresentatives 

jtepresentative  sluUl  bc  apportioned  among  the  several  coun- 
tii.itrict.s.  ties,  on  a  ratio  obtained  by  dividing  the 

])opulation  of  the  State  as  ascertained  by  the  most  recent 
United  States  census  by  two  hundred. 

Every  county  containing  less  than  five  ratios  shall  have 

c„„„t!i  u-ith  less  ouQ  representative  for  every  full  ratio,  and 
than  fire  ratios.  ^u  additional  representative  when  the  sur- 
])lus  exceeds  half  a  ratio;  but  each  county  shall  have  at  least 
one  representative. 

fount!/  ititii  more  Eacli  county  containing  five  ratios  or 
*'"'"  /''■''•  more   shall    have   one    representative   for 

every  full  ratio. 

Every  city  containing  a  population  equal  to  a  ratio  shall 

(Hies  hnrinff  one  elcct  Separately  its  proportion  of  the  rcp- 
or  more  ratios.  rescutatives  allotted  to  tiie  county  in  which 
it  is  located. 

Every  city  entitled  to  more  than  four  representatives,  and 
everv   countv    having;   over   one   hundred 

Citi/  Uisfricts.  ^,        -  1  •     i'    1  •  1111         1-     •  1      1    • 

thousand  inhabitants,  shall  be  divided  into 
districts  of  compact  and  contiguous  territory,  each  district 
to  elect  its  proportion  of  representatives  according  to  its 
population,  but  no  district  shall  elect  more  than  four  repre- 
Bcuiatives. 

Sec.  18.  The  General  Assembly  at  its  first  session  after  the 
11/*/*.  apportion,  adoption  of  this  Constitution,  and  immedi- 
""■""' '"  *"■  """'''•  ately  after  each  United  States  decennial 
ctusus,  shall  apportion  the  State  into  senatorial  and  repre- 
Rcntatiye  districts  agreeably  to  the  provisions  of  the  next  two 
preceding  sections. 

12 


THE  CONSTITUTION  OF  FENXSYLVANLL       143 

ARTICLE  III. 

Legislation. 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no 
bill  shall  be  so  altered  or  amended,  on  its    ^ 

^i  1       '^i  TT  ^        1  PassHfje  of  lulls. 

passage  through  either  House,  as  to  change 
its  original  purpose. 

Sec.  2.  No  bill  shall  be  considered  unless  referred  to  a 
committee,  returned  therefrom,  and  printed  Reference  ami 
for  the  use  of  the  members.  printhifj. 

Sec.  3.  No  bill,  except  general  appropriation  bills,  shall 
be  passed,  containing  more  than  one  sub-  ^^  c„„ta!n  h„t 
ject,  which  shall   be   clearly  expressed  in   one suhjrct  ijeprens- 

•■      .  •,  1  c«f  *"■  title. 

its  title. 

Sec.  4.  Every  bill  shall  be  I'ead  at  length  on  three  differ- 
ent days  in  each  House ;  all  amendments  To  he  read  on 
made  thereto  shall  be  printed  for  the  use  ^AutltVinieuts  to 
of  the  members  before  the  final  vote  is  f><- i»inied. 
taken  on  the  bill,  and  no  bill  shall  become  a  law,  unless  on 
its  final  passage  the  vote  be  taken  by  yeas  and  nays,  the 
names  of  the  persons  voting  for  and  against  the  same  be  en- 
tered on  the  journal,  and  a  majority  of  the  members  elected 
to  each  House  be  recorded  thereon  as  voting  in  its  favor. 

Sec.  5.  No  amendment  to  bills  by  one  House  shall  be  con- 
curred in  by  the  other,  except  by  the  vote 
of  a  majority  of  the  members  elected  there-  *"**  ""  naijs. 
to,  taken  by  yeas  and  nays,  and  the  names  of  those  voting 
for  and  against  recorded  upon  the  journal  thereof;  and 
reports  of  committees  of  conference  shall  y^f^^  miirnrHn;/ 
be  adopted  in  either  House  only  by  the  i>>  ,    ai„>„,h>ir„is 

,.^  .       .  ,.   ^,  1  1       i     1     a)i(l  OH    rcjjort.s   of 

vote  of  a  majority  of  the  members  elected   conference  to  Ue  inj 
thereto,  taken  by  yeas  and  nays,  and  the   2/«"*  ""<*  imi/s. 
names  of  those  voting  recorded  upon  the  journals. 

Sec.  6.  No  law  shall  be  revived,  amended,  or  the  provi- 
sions  thereof   extended    or  conferred,  by    _    .     ,    „ , 

,,  .  .   ,  1         1      i  i      Revival  of  laws. 

reference  to    its   title  only,  but  so   much 

thereof  as  is  revived,  amended,  extended  or  conferred  shall 

be  re-enacted  and  published  at  length. 

Sec.  7.  The  General  Assembly  shall  not  pass  any  local  or 
special  law  authorizing  the  creation,  exten- 

f  .  .    .  p  p.  1    i-         ii  Limitation        on 

siou  or  impairing  of  liens ;  regulating  the  special  ie<jisiaUon. 

13  B 


144        THE  CONSTITUTION  OF  rENNSYLVANIA. 

aflairs  of  counties,  cities,  townships,  wards,  boroughs  or 
school  districts;  changing  the  names  of  persons  or  places  ; 
changing  the  venue  iu  civil  or  criminal  cases ;  authorizing 
the  laying  out,  opening,  altering  or  maintaining  roads,  high- 
ways, streets  or  alleys ;  relating  to  ferries  or  bridges,  or 
incorporating  ferry  or  bridge  companies,  except  for  the  erec- 
tion of  bridges  crossing  streams  which  form  boundaries 
between  this  and  any  other  State;  vacating  roads,  town 
])lats,  streets  or  alleys;  relating  to  cemeteries,  graveyards, 
or  public  grounds  not  of  the  State;  authorizing  the  ado])tiou 
or  legitimation  of  children  ;  locating  or  changing  county 
seats ;  erecting  new  counties  or  changing  county  lines ;  in- 
corporating cities,  towns  or  villages,  or  changing  their  char- 
ters ;  for  the  opening  and  conducting  of  elections,  or  fixing 
or  changing  the  place  of  voting ;  granting  divorces;  erect- 
ing new  townships  or  boroughs ;  changing  township  lines, 
boi'ough  limits  or  school  districts ;  creating  offices,  or  pre- 
scribing the  powers  and  duties  of  officers  in  counties,  cities, 
boroughs,  townships,  election  or  schocd  districts;  changing 
the  law  of  descent  or  succession  ;  regulating  the  practice  or 
juristliction  of,  or  changing  the  rules  of  evidence  in,  any 
judicial  proceeding  or  inquiiy  before  courts,  aldermen,  jus- 
tices of  the  peace,  sheriffs,  connnissioners,  arbitrators,  audit- 
ors, masters  in  chancery  or  other  tribunals,  or  providing  or 
changing  methods  for  the  collection  of  debts,  or  the  enforc- 
ing of  judgments,  or  prescribing  the  effect  of  judicial  sales 
of  real  estate;  regulating  the  fees,  or  extending  the  powers 
and  duties  of  aldermen,  justices  of  the  peace,  magistrates  or 
constables;  regulating  the  management  of  public  schools, 
the  building  or  repairing  of  school-houses,  and  the  raising 
of  money  for  such  pui-poses ;  fixing  the  rate  of  interest ; 
afiecling  the  estates  of  minors  or  persons  under  disability, 
except  after  due  notice  to  all  parties  in  interest,  to  be  recited 
in  the  special  enactment ;  remitting  fines,  penalties  and  for- 
feitures, or  refunding  moneys  legally  paid  into  the  treasury  ; 
exempting  property  from  taxation  ;  regidating  labor,  trade, 
mining  or  manufacturing;  creating  cori)orations,  or  amend- 
ing, renewing  or  extending  the  charters  thereof;  granting  to 
any  corporation,  association  or  individual  any  si)ecial  or 
exclusive  privilege  or  immunity,  or  to  any  cori)oration,  asso- 
ciation or  individual  the  right  to  lay  down  a  railroad  track  ; 
nor  shall  the  (jlenerul  Assembly  indirectly  enact  such  special 

14 


THE  CONSTITUTION  OF  PENNSYLVANIA.       145 

or  local  law  by  the  partial  repeal  of  a  general  law ;  but  laws 
repeal iug  local  or  special  acts  may  be  passed  ;  nor  shall  any 
law  be  passed  granting  powers  or  privileges  in  any  case  where 
the  granting  of  such  powers  and  privileges  shall  have  been  pro- 
vided for  by  general  law,  nor  where  the  courts  have  jurisdiction 
to  grant  the  same  or  give  the  relief  asked  for. 

Hec.  8.  No  local  or  special  bill  shall  be  passed  unless  no- 
tice of  the  intention  to  apply  therefor  ,^  ^,^^^,  ,^^,^.^^ 
shall  have  been  published  in  the  locality  «/•  /<«•«/  oi-  spciiat 
where  the  matter  or  the  thing  to  be  at-  '  *' 
fected  may  be  situated,  which  notice  shall  be  at  least  thirty 
days  prior  to  the  introduction  into  the  General  Assembly  of 
such  bill  and  in  the  manner  to  be  provided  by  law ;  the 
evidence  of  such  notice  having  been  published,  shall  be  ex- 
hibited in  the  General  Assembly  before  such  act  shall  be 
passed. 

Sec.  9.  The  presiding  officer  of  each  House  shall,  in  the 
presence  of  the  House  over  which  he  pre-  sif/nina  of  bins 
sides,  sign  all  bills  and  joint  resolutions  *»//  ' i> residing  of- 
passed  by  the  General  Assembly,  after  '^'"^"^• 
their  titles  have  been  publicly  read  immediately  before 
signing;  and  the  fact  of  signing  shall  be  entered  on  the 
journal. 

Sec.  10.  The  General  Assembly  shall  prescribe  by  law 
the  number,  duties  and  compensation  of  r  •  i  *■  ^ 
the  oiticers  and  employees  ot  each  House,  ce*-«.  iiuti/,  com. 
and  no  payment  shall  be  made  from  the  i^*-"*""""  "f- 
State  treasury,  or  be  in  any  way  authorized,  to  any  person, 
except  to  an  acting  officer  or  emjiloyee  elected  or  appointed 
in  pursuance  of  law. 

Sec.  11.  No  bill  shall  be  passed  giving  any  extra  com- 
pensation to  any  public  officer,  servant,  Noextrneom2ieii~ 
employee,  agent  or  contractor,  after   ser-   sation  to  officers  or 

•  I      nil  1  1  ,,      contractors. 

Vices  shall  have  been  rendered  or  contract 

made,  nor  providing  for  the  payment  of  any  claim  against 

the  Commonwealth  without  previous  authority  of  law. 

Sec.  12.  All  stationery,  printing,  paper  and  fuel  used  in 
the  legislative  and  other  departments  of  j'„i,iic  printina, 
government  shall  be  furnished,  and  the  <Cc.,  Ac.,  to  be  done 
printing,  binding  and  distributing  of  the  iJ  ^""'^'"^  ■ 
laws,  journals,  department  reports,  and  all  other  printing 
and  binding,  and  the  repairing  and  furnishing  the  halls  and 
13  K  15 


146       THE  CONSTITUTION  OF  PENNSYLVANIA. 

rooms  used  for  the  meetings  of  the  General  Assembly  and 
its  committees,  shall  be  performed  under  contract  to  be 
given  to  the  lowest  responsible  biihler  below  such  maximum 
})rice  and  under  such  rgulations  as  shall  be  prescribed  by 
law ;  no  member  or  officer  of  any  department  of  the  gov- 
ernment shull  be  in  any  way  interested  in  such  contracts, 
and  all  such  contracts  shall  be  subject  to  the  approval  of 
the  Governor,  Auditor-General  and  State  Treasurer. 

Sec.  13.  No  law  shall  extend  the  term   of  any  public 
>o  extrusion  of   officer,  or  increase  or  diminish  his  salary 

official  trrui.t  or  ill'  i  i.  xv.  l   '  I       j." 

crr„se  of  conipeii.  o^  emoluments,  alter  his  election  or  ap- 
si'tion.  pointmeut. 

Sec.  14.  All  bills  for  raising  revenue  shall  originate  in  the 
Mouse  of  Representatives,  but  the  Senate  may 

Jteveniie  bills.  i  j  ■        ii         i  -ii 

jjropose  amendments  as  m  otlier  bUl.-s. 
Sec.  15.   The  general  appropriation   bill  shall  embrace 
Appropriation       nothing   but   appropriations   for  the   ordi- 
**"*•  nary  expenses  of  the  executive,  legislative 

and  judicial  departments  of  the  Commonwealth,  interest  on 
the  public  debt  and  for  public  schools ;  all  other  a})propria- 
tions  sliall  be  made  by  separate  bills,  each  embracing  but 
one  subject. 

Sec.  16.  Xo  money  shall  be  paid  out  of  the  treasury,  except 

I'ai/mcnts        of   '^'i^^"'  appropriations  made  by  law,  and  on 

luoiu-i/.s  from  t/ie  Warrant  drawn  by  the  j^roper  officer  in  pur- 

suance  tfiereoj. 

Sec.  17.  No  appropriation  sliall  be  made  to  any  charita- 

Approprintions   '^^^  ^^  cducational  iustitutiou  not   under 

to  riKiritabU'.  iiisti-   the  absolutc  couti'ol  of  the  Commonwealth, 

other  than  normal  schools  established  by 

law  for  the  professional  training  of  teachers  for  the  public 

schooli  of  the  State,  except  by  a  vote  of  two-thirds  of  all 

the  members  elected  to  each  House. 

Sec.  ly.  No  a])propriations,  except  for  pensions  or  gratui- 

Appropriatiotts   ^^^'^  ^*^^"  luiHtaiy  scrvlccs,  shall  be  made  for 

furrhiniiohirpiu:   charitable,  educational  or  benevolent   pur- 

pos<us,  S:c.,  limited,  .  .  '■ 

poses,  to  any  person  or  community,  nor  to 
any  denominational  or  sectarian  institution,  corporation  or 
association. 

Appropriations  ^i'^C-  19-  The  General  Assembly  may 
J/.-///  /»•  ,„,„i,-  f„r  make  api)ro])riations  of  money  to  institu- 
j./i>i,is  of  .loiuiirn.     tions  wherein   the  widows  of  soldiers  are 

16 


THE  CONSTITUTION  OF  PENNSYLVANIA.       147 

supported  or  assisted,  or  the  orphans  of  soldiers  are  main- 
tained and  educated  ;  but  such  appropriation  shall  be  ap- 
plied exclusively  to  the  support  of  such  widows  and  orphans. 

kSEC.  20.  The  General  Assembly  shall  not  delegate  to  any 
special  commission,  private  corporation  or  rouer  ov<;-  mn- 
association,  any  power  to  make,  supervise  ]\'.','tf",',  not'^to^bl 
or  interfere  with  any  municipal  improve-  deUyuted. 
ment,  money,  property  or  effects,  whether  held  in  trust  or 
otherwise,  or  to  levy  taxes  or  perform  any  municipal  func- 
tion whatever. 

Sec.  21.  No  act  of  the  General  Assembly  shall  limit  the 
amount  to  be  recovered  for  injuries  result-  jf^  Umit'ifion  of 
ing  in  death,  or  for  injuries  to  persons  or  dain<i,i,s  /<»*•  cvi-- 
property  ;  and,  in  case  of  death  from  such  «"* '".v"'"*- 
injuries,  the  right  of  action  shall  survive,  and  the  General 
Assembly  shall  prescribe  for  whose  benefit  such  actions  shall 
be  prosecuted.  No  act  shall  prescribe  any  jv„,.  „/  time  for 
limitations  of  time  within  which  suits  may  &'•<"£/'"{/*■'"'«• 
be  brought  against  corporations  for  injuries  to  persons  or 
property,  or  for  other  causes,  different  from  those  fixed  by 
general  laws  regulating  actions  against  natural  j)ersons,  and 
such  acts  now  existing  are  avoided. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize 
the  investment  of  trust  funds  by  executors,  invpstinont  of 
administrators,  guardians  or  other  trustees,  tf^oft  funds. 
in  the  bonds  or  stock  of  any  private  corporation,  and  such 
acts  now  existing  are  avoided  saving  investments  heretofore 
made. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and 
criminal  eases  shall  be  vested  in  the  courts, 

,1  •       1   •  1  Till         Changes  of  venue. 

to  be  exercised  m  such  manner  as  shall  be 
provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  railroad  or  other 
corporation,  held  or  owned  by  the  Com-  No  ohUyntion  of 
monwealth,  shall  ever  be  exchanged,  trans-  Srr;r6e7;^el4^/: 
ferred,  remitted,  postponed,  or  in  any  way  '^''• 
diminished  by  the  General  Assembly,  nor  shall  such  liability 
or  obligation  be  released,  except  by  payment  thereof  into 
the  State  treasury. 

Sec.  25.  When  the  General  Assembly  Tj,„itations  of 
sliall  be  convened  in  special  session,  there  let/isiative  potiur 
shall  be  no  legislation  upon  subjects  other  "' *v-cmi  *-e«*i„n«. 

17  2 


148       THE  CONSTITUTION  OF  PENNSYLVANIA. 

than  those  designated  iu  the  proclamation  of  the  Governor 
calling  such  session. 

fcJKC.  26.  Every  order,  resolution  or  I'otr,  lo  which  the  con- 

Coiicurreiit     or.   <iurrence  oj'  both  Hojise-i  may  be  necessary, 

this,     rinoiutioun   exccpt  OH  the  quesfioii  of  act  jour  nmeiit,  shall 

""utrd  to  til"  o'v'v'.   be  jjresenied  to  the  Governor,  and  before  it 

«''■"•"'•  shall  take  effect  be  apjjroved  by  him,  or  being 

dmipproved,  shall  be  repassed  by  two-thirds  of  both  Houses 

accordiucj  to  the  rides  and  limitations  j^r escribed  in  case  of  a  bill. 

(Sec.  2l.  Ko  fcjiate  office  shall  be  continued  or  created  for 

,,   „        .         ,    the  inspection  or  measuring  of  any  mer- 

No  State  mspert-       i  .•  ,.  i-  i 

ors  of  mt^rc/uiu-  chaudise,  manuiacture  or  commodity,  but 
*^""^'  any  county  or  municipality   may  appoint 

such  officers  when  authorized  by  law. 

Sec.  28.  lS"o  law  changing  the  location  of  the  Capital  of 
,,,        .        ,         the  State  shall   be  valid   until  tlie  same 

(haiif/ing      loca.       ,      ,,    ,  ,  i        •  i  i  i  • /•      i 

tioii  oj  .sttite  ciipi-  shall  have  been  submitted  to  the  qualmed 
'"'■  electors  of  the  Commonwealth  at  a  general 

election  and  ratified  and  approved  by  them. 

Sec.  29.  A  member  of  the  General  Assembly  who  shall 
„  .,       ,  solicit,  demand  or  receive,  or  consent  to 

lirihcr;/ h;/ num.  •     '       ,•         ,,  •      ,•  ,.        i-  ,,. 

hfr.sofacueiai A.S.  rcccive,  directly  or  indirectly,  tor  himselr 
*"" '  ^*  or  for  another,  from   any  C(jmpany,  cor- 

poration or  person,  any  money,  office,  appointment,  employ- 
ment, testimonial,  reward,  thing  of  value  or  enjoyment,  or 
of  personal  advantage,  or  promise  thereof,  for  his  vote  or 
official  influence,  or  for  withholding  the  same,  or  with  an 
understanding,  expressed  or  imj)lied,  that  his  vote  or  official 
action  shall  be  in  any  way  influenced  thereby,  or  who  shall 
solicit  or  demand  any  such  money  or  other  advantage,  mat- 
ter or  thing  aforesaid  for  another,  as  the  consideration  of 
his  vote  or  official  influence,  or  for  withholding  the  same,  or 
shall  give  or  withhold  his  vote  or  influence  in  consideration 
of  the  payment  or  promise  of  such  money,  advantage,  mat- 
ter or  thing  to  another,  shall  be  held  guilty  of  bribery 
within  the  meaning  of  this  Constitution,  and  shall  incur  the 
disabilities  provided  thereby  for  said  oficnce,  and  such  addi- 
tional i)uiiisliment  as  is  or  shall  be  provided  by  law. 

Sec.  .'JO.  Any  person    who    shall,  directly  or  indirectly, 

offer,  give  or  promise,  any  money,  or  thing 

i„'rs','."<".  "(.'"/'i"'   ^*^  value,  testimonial,  privilege  or  personal 

«f.,.hi(/,'uuio/jUtr«.   advantage,  to   any   executive  or  judicial 

18 


THE  CONSTITUTION  OF  PENNSYLVANIA.       149 

officer,  or  member  of  the  Geueral  Assembly,  to  influence 
him  in  the  performance  of  any  of  his  public  or  official  duties, 
shall  be  guilty  of  bribery  and  be  punished  iu  such  manner 
as  shall  be  provided  by.  law. 

Sec.  31.  The  offence  of  corrupt  solicitation  of  members 
of  the  General  Assembly  or  of  pul)iic  ^^^^  off.-in-o  «/ 
officers  of  the  State  or  of  any  municipal   c<»-r,ii>tsoii<it<iti>„t 

d-     •    •  ,1  i-  1  J.-  to   hi'   /HniisJicd    (hi 

ivision   thereof,   and   any  occupation   or  ^^^  ,,„a  i,„p,.isoii- 

practice  of  solicitation  of  such  members   ">^eiit. 

or  officers  to  influence  their  official  action,  shall  be  defined 

by  law,  and  shall  be  punished  by  fine  and  imprisonment. 

Sec.  32.  Any  person  may  be  compelled  to  testify  in  any 
lawful  investigation  or  judicial  proceeding  witnesses  to  tes- 
against  any  person  who  maybe  charged  ^H^i^Jl^andZueC 
with  having  committed  the  ottence  of  bri-  t'ltiou. 
bery  or  corrupt  solicitation,  or  practices  of  solicitation,  and 
shall  not  be  permitted  to  withhold  his  testimony  upon  the 
ground  that  it  may  criminate  himself  or  subject  him  to  pub- 
lic infamy;  but  such  testimony  shall  not  afterwards  be  used 
against  him  in  any  judicial  proceeding,  except  for  perjury 
iu  giving  such  testimony  ;  and  any  person 

■    ,     ^       (.      • ,  1  f   ,  1  f>>  !_'  Punishment. 

convicted  of  either  of  the  offences  afore- 
said shall,  as  part  of  the  punishment  therefor,  be  disqualified 
from  holding  any  office  or  position  of  honor,  trust  or  profit 
in  this  Commonwealth. 

Sec.  33.  A  member  who  has  a  personal  or  private  interest 
in  any  measure  or  bill  proposed  or  pending  interested  mem. 
before  the  General  Assembly  shall  disclose  ^'"■*'  *'^"*"  >^ot  vote. 
the  fact  to  the  House  of  which  he  is  a  member,  and  shall  not 
vote  thereon. 

ARTICLE  IV. 
The  Executive. 

Section  1.  The  executive  department  of  this  Common-- 
wealth  shall  consist  of  a  Governor,  Lieuten-     „        ,.       ^, 

./  ^    .,        '  Executive  oijieers. 

ant-Crovernor,  Secretary  of   tlie  Common- 
wealth, Attorney-General,  Auditor-General,  State  Treasurer, 
Secretary  of  Internal  Afiairs  and  a  Superintendent  of  Pub- 
lic Instruction. 

Sec.  2.   The  suiireme  executive  power  shall  he  vested  in  the 

13  * 


150       THE  CONSTITUTION  OF  PENNSYLVANIA. 

Governor,  ivho  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted ;  he  xhall  be  chosen  on  the  day  of  the 
general  election,  by  the  qualified  electors  of 
His  election.  ^f^^  Comnio)iwealth,  at  the  places  where  they 

shall  vote  for  Representatives. 

The  returns  of  every  election  for  Governor  shall  be  sealed  ttp 
itrtnrns  of  dec   and  transmitted  to  the  seat  of  government, 
*'""■  directed  to  the  President  of  the  Senate,  who 

shall  open  and  publish  them  in  the  presence  of  the  members  of 
both  Houses  of  the  General  Assembly.  The  person  having  the 
highest  number  of  votes  shall  be  Governor,  but  if  two  or  more 
be  equal  and  highest  in  votes,  one  of  them  shall  be  chosen  Gov- 
ernor by  the  joint  vote  of  the  members  of  both  Houses. 

Contested  elections  shall  be  determined  by  a  committee,  to  be 
Contested      eiec-  Selected  from  both  Houses  of,  the   General 
*'""*•  Assembly,  and  formed  and  regulated  in  such 

manner  as  shall  be  directed  by  law. 

Sec.  3.   The  Governor  shall  hold,   his  office  during  four 
Term  of  the  Gov-  ycars  from  the  third    Tuesday  of  January 
ernor.  ^^^^j-i  gusuing  his  election,  and   shall   uot  be 

eli*ril)le  to  the  office  for  the  next  succeeding  terra. 

8ec.  4.  A  Lieutenant-Governor   shall   be  chosen  at  the 
Tite   Lieutenant-   saiue  time,  in   the  same  manner,  for  the 
Governor.  saiue  term,  and  subject  to  the  same  pro- 

visions as  the  Governor ;  he  shall  be  President  of  the 
Senate,  but  shall  have  no  vote  unless  they  be  equally 
divided. 

Si;c.  5.  Ko  person  shall  be  eligible  to  the  office  of  Governor 
ouiiiitieations    OY  Lieutenaut-Govemor  except  a  citizen  of 
j.hnu'Z'tn't'.  Gov-   '^'^    United  States,  who  shall  have  attained 
'-''■'""■•  the  age  of  thirty  years,  and  have  been  seven 

years  next  preceding  his  election  an  inhabitant  of  the  State, 
unless  he  shall  have  been  absent  on  the  public  business  of  the 
United  States  or  of  this  State. 
Sec.  0.  No  member  of  Congress  or  person  holding  any  office 
Vi-nffreHsmru,     Under  the  United  States  or  this  State  shall 
Ac,  disqu„u/ieu.      exercise  the  office  of  Governor  or  Lieutenant- 
Governor. 
Skc.  7.    The   Governor  shall  be  commander-in-chief  of  the 
Governor  to  com-   uvmy  and  navy  of  the   Commo)iwealth,  and 
'""'"'  ""■""■"•  of  the  militia,  except  when  they  shall  be  called 

into  the  actual  service  of  the  United  States. 

20 


THE  CONSTITUTION  OF  PENNSYLVANIA.       151 

Sec.  8.  He  shall  nominate  and,  by  and  with  the  advice 
and  consent  of  two-thirds  of  all  the  members  of  the  Senate, 
appoint  a  Secretary  of  the  Connnonwealth  and  an  Attorney- 
General  during  j^leasure,  a  Siii)erintendent  /»«#/<»•»•  of  fiov- 
of  Public  Instruction  for  four  years,  and  J^/;;;''  Z.^l'T'"} 
such  other  officers  of  the  Commonwealth  -Semite. 
as  he  is  or  may  be  authorized  by  the  Constitution  or  by  law 
to  appoint ;  he  shall  have  power  to  fill  all  vacancies  that 
may  happen,  in  offices  to  which  he  may  appoint,  during  tlie 
recess  of  the  Senate,  by  granting  commissions  which  shall 
expire  at  the  end  of  their  next  session  :  he 

,     ,,    ,  1.      aw  ii      i     To  fill  vacancies. 

shall  have  power  to  nil  any  vacancy  that 
may  happen,  during  the  recess  of  the  Senate,  in  the  office  of 
Auditor- General,  State  Treasurer,  Secretary  of  Internal 
Aliairs,  or  Superintendent  of  Public  Instruction,  in  a  judicial 
office,  or  in  any  other  elective  office  which  he  is  or  may  be 
authorized  to  till ;  if  the  vacancy  shall  hajjpen  during  the 
session  of  the  Senate,  the  Governor  shall  nominate  to  the 
Senate,  before  their  final  adjournment,  a  proper  person  to 
fill  said  vacancy ;  but  in  any  such  case  of  vacancy,  in  an 
elective  office,  a  person  shall  be  chosen  to  said  office  at  the 
next  general  election,  unless  the  vacancy  shall  happen  within 
three  calendar  months  immediately  preceding  such  election, 
in  which  case  the  election  for  said  office  shall  be  held  at  the 
second   succeeding   jreneral   election.      In      „      ,    , 

.    »     ^       .  .  ^       r\  Senate  to  net   on 

acting  on  executive  nominations,  the  benate   nomhiationn   with 
shall  sit  with  open  doors,  and,  in  confirm-   "^"'"  '^""'■■*- 
iug  or  rejecting  the  nominations  of  the  Governor,  the  vote 
shall  be  taken  by  yeas  and  nays,  and  shall      voteg   to   be   re- 
he  entered  on  the  journal.  corded. 

Sec.  9.  He  shall  have  power  to  remit  fines  and  forfeitures, 
to  grant  reprieves,  commutations  of  sentence, 

I  7  ,   •  1'  •  1  J.      Pardoninfi  power. 

and  pardons,  except  in  cases  oj  impeacmnent; 
but  no  pardon  shall  be  granted,  nor  sentence  commuted, 
except  upon  the  recommendation  in  writing  of  the  Lieutenant- 
Governor,  Secretary  of  the  Commonwealth,  Attorney  General, 
and  Secretary  of  Internal  Affiiirs,  or  any  three  of  them,  after 
full  hearing,  upon  due  public  notice  and  in  open  session  ; 
and  such  recommendation,  with  the  reasons  therefor  at  length, 
shall  be  recorded  and  filed  in  the  office  of  the  Secretary  of 
the  Commonwealth. 

Sec.  10.  He  may  require  information  in  writing  from  the 
21 


152       THE  CONSTITUTION  OF  PENNSYLVANIA. 

Ooreruor     may   Qmcers  of  the  executive  department,  upon  any 
tion    frinu   execu-   subject  relating  to  the  duties  oj  their  7-e8pec- 

tive  officers.  ^;^,^,  ^^^^g^ 

Sec.  11.  He  shall ,  from  time  to  time,  give  to  the   General 

Shall  f/ifr  iiifoi-   Assembly  hiformation  of  the  state  of  the  Com- 

nititxni  mill  rrcotii.  ^)i0jiii}gait/i  and  recommend  to  their  consider- 

■HU-IIll    IHtUI.SIIfCS     to  >  _  • 

Gciitrai  Assinihitj.   ationsuchmeasures  as  he  may  judge  expedient. 

Sec.  12.  He  viay,  on  extraordinary  occasions,  convene  the 
Mnif  eonvrne  General  Assevibbj,  and  in  case  of  disagree- 
Oriyrai  A.isembiif,  mcnt  between  the  two  Houses,  with  respect  to 
tifo  iiiiii.st'.s  ivJicu  tlie  time  of  adjournment,  adjourn  them  to 
they  (ii.s<i{/r,<:  g^^^j^  ^^-j^^g  ^^^  j^^  f^jidH  fJiink  pjropcr,  not  exceed- 

ing four  months.  He  shall  have  power  to  convene  the  Senate 
in  extraordinary  session  by  proclamation,  for  the  transaction 
of  executive  business. 

Sec.  13.  In  case  of  the  death,  conviction,  or  impeachment, 
-..  ,  ^  >-,  failure  to  qualifv,  resisj-nation,  or  other  dis- 
eriiorfoactas  Gov  ability  ot  the  (jrovcrnor,  the  powers,  duties, 
**''""''•  and  emoluments  of  the  office,  for  the  re- 

mainder of  the  term,  or  until  the  disability  be  removed,  shall 
devolve  upon  the  Lieutenant-Governor. 

Sec.  14.  In  case  of  a  vacancy  in  the  office  of  Lieutenant 
-.      .,    ^  Governor,  or  when  the  Lieutenant-Governor 

triiipore  of  the  sluill  be  impeached  by  the  House  of  Rep- 
*"""**'*  resentatives,  or  shall  be  unable  to  exercise 

the  duties  of  his  office,  the  powers,  duties,  and  emoluments 
thereof  for  the  remainder  of  the  term,  or  until  the  disability 
be  removed,  shall  devolve  upon  the  President  pro  tempore 
of  the  Senate ;  and  the  President  pro  tempore  of  the  Senate 
shall  in  like  manner  become  Governor  if  a  vacancy  or  dis- 
ability shall  occur  in  the  office  of  Governor ;  his  seat  as 
Senator  shall  become  vacant  whenever  he  shall  become 
Governor,  and  shall  be  filled  by  election  as  any  other 
vacancy  in  the  Senate. 

Sec.  15.  Every  bill  which  shall  have  passed  hath  Houses 
.   ^....      shall  be  presented  to  the   Governor;   if  he 

Ap2>rov(iloflnUs.  i        i     ti      ■  u    l     4     u-   l         1     ll         t 

approve  he  shall  sign  n,  out  ij  he  shall  not 

ajtprove  he  shall  return  it  with  kin  objections  to  the  House  in 

whicJi  it  shall  have  originated,  ivhicJi  How^e 

shall  enter  the  objections  at  large  upon  tJieir 

journal,  and  proceed  to  reconsider  it. 

Jj,  after  such  recunnideration,  two-thirds  of  all  the  members 
22 


THE  CONSTITUTION  OF  PENNSYL  VANIA.       1 53 

elected  to  that  House  shall  agree  to  pass  the  bill,  it  shall  be 
sent  with  the  objections  to  the  other  Mouse,  by  which  likewise  it 
shall  be  reconsidered ;  and  if  approved  by  two-thirds  of  all 
the  members  elected  to  that  House  it  shall  be  a  law ;  bat  i,i 
such  cases  the  votes  of  both  Mouses  shall  be  determined  by  yeas 
and  nays,  and  the  names  of  the  members  voting  for  and  against 
the  bill  shall  be  entered  on  th&  journals  of  each  Mouse  respec- 
ticely. 

If  any  bill  shall  not  be  retwned  by  the  Governor  within  ten 
days  after  it  shall  have  been  presented  to  him,      jietnineu  iniis  to 
the  same  shall  be  a  law  in  like  manner  as  if    ''«"^"'"<'  <«««'*•■ 
he  had  signed  it,  unless  the  General  Assembly,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  be  a  law,  unless 
he  shall  file  the  same,  with  his  objections, 
iu  the  office  of  the  Secretary  of  the  Com-      '*"''^'  **"*' 
monwealth,  and  give  notice  thereof  by  public  proclamation 
within  thirty  days  after  such  adjournment. 

Sec.  16.  The  Governor  shall  have  power  to  disapprove  of 
any  item  or  items  of  any  bill  makino;  an-  ,  ,•  ,  ,  j 
propriations  oi  nnmey,  embracing  distuict  ioirr<i„n  ,ii>j,r<,2jri- 
items,  aud  the  part  or  parts  of  the  bill  ap-  "*'"""  '"'"*• 
proved  shall  be  the  law,  and  the  item  or  items  of  appropriation 
disapproved  shall  be  void,  unless  repassetl  according  to  the 
rules  and  limitations  prescribed  for  the  passage  of  other  bills 
over  the  executive  veto. 

Sec.  17.  The  Chief  Justice  of  the  Supreme  Court  shall 
preside  upon  the  trial  of  any  contested  elec-  ^, .  ^  ^  ,. 
tion  ot  Ctovernor  or  Lieutenant-Crovernor,  2^i;Ni,i<' ontiiai of 
and  shall  decide  questions  regarding  the  T/f'*'<*otrno7*'"n- 
admissibility  of  evidence,  and  shall,  upon  i^i^ntcnant  -  Goo- 
request  of  the  committee,  pronounce  his 
02)inion  upon  other  questions  of  law  involved  in  the  trial. 

The  Governor  and  Lieutenant-Governor  shall  exercise  the 
duties  af  their  respective  offices  until  their  successors  shall 
be  duly  qualified. 

Sec.  18.  2Vie  Secretary  of  the  Commonwealth  shall  keep  a 
record  of  all  official  acts  and  proceedings  of  sect-iffirijofCotn- 
the  Governor,  and  when  required  lay  the  nutuwtiuitu. 
same,  with  all  pajjers,  minutes  and  vouchers  relating  thereto, 
before  either  branch  of  the  General  Assembly,  and  pierforni  suck 
other  duties  as  may  be  enjoined  upon  him  by  law. 

Sec.  19.  The  Secretary  of  Internal  Affairs  shall  exercise 
23 


154       THE  CONSTITUTION  OF  PENNSYLVANIA. 

all  the  powers  aud  perform  all  the  duties  of  the  Surveyor- 
General,  subject  to  such  changes  as  shall  be  made  by  law. 

Srctrttiry  of  In-  His  department  shall  embrace  a  bureau 
tcr„„i  Affuirs.  of  industrial   statistics,  and   he  shall   dis- 

charge such  duties  relating  to  corporations,  to  the  charitable 
institutions,  the  agricultural,  manufacturing,  mining,  mineral, 
timl)er,  and  other  material  or  business  interests  ot  the  State 
as  may  be  prescribed  by  law.  He  shall  annually,  and  at 
such  other  times  as  may  be  required  by  law,  make  report  to 
the  General  Assembly. 

Sec.  20.  The  Superintendent  of  Public  Instruction  shall 

„        •  .     ,    ,   exercise  all    the  powers  and    i^erform  all 

of  i'ltoiic  iiistriic   the  duties  ot  the  buj)eriutendent  oi  Common 

''""■  Schools,  subject  to  such  changes  as  shall  be 

made  by  law. 

Skc.  21.  The  term  of  the  Secretary  of  Internal   Affairs 

Trtins  of  heads  slmll  be  four  years  ;  of  the  Auditor-General 
of  department,,.        ^jjj.^^  ^.y.^,.^  .  ^^^j  ^j-  y^^,  yj^^^  Treasurer  two 

years.  These  officers  shall  be  chosen  by  the  qualified  elec- 
tors of  the  State  at  general  elections.  !No  person  elected  to 
the  office  of  Auditor-General  or  State  Treasurer  shall  be  ca- 
pable of  holding  the  same  office  for  two  consecutive  terms. 
Sec.  22.  Tkn  pre-^ent  Great  Seal  of  I't'iutsy/vania  fluUl  be 
Seal  of  State.  the  tscal  of  the  tState.  All  coininistiioiiii  ahull 
be  '''Niyned'''' and  ^^  "*  ^^^^  nuiite  uitd  bij  autliovitij  of  the  Com- 
xeaied.  JiioiiiceuHh  oj  I'enitdi/lvuiiia,  and  be  sealed  iv'dh 

the  IState  seal,  and  s'lyned  bi/  the  Governor. 

ARTICLE   V. 

The  Judiciary, 

Section  1,  The  judicial  poivcr  of  this  Commonwealth  shall 
be  vested  in  a  Supre)ne  Court,  in  Courts  of 
Common  Pleas,  Courts  of  Oyer  and  Tenni- 
ner  and  General  Jail  Delivery,  Courts  of  Quarter  Sessions  of 
the  Peace,  Orphans'  Courts,  Magistrates'  Courts,  and  in  suck 
other  courts  as  the  General  Asssembly  inay  from  time  to  time 
establish. 

The  Supreme  Sec.  2.  The  Siipromc  Court  shall  consist 
r.mri.  Tenare  „f  (,J  sKVKx  judacs,  ivlio  shull  bc  elccted  bii  the 
lu-v.  qaalijied  electors  oj  the  otate  at  laryc. 

24 


THE  CONSTITUTION  OF  FENNSYL  VANIA.       3  05 

They  shall  hold  their  offices  for  the  term  o/tAventy-one  years, 
if  they  so  long  behave  themselves  ivell,  but  shiill  not  be  again 
eJigible.  The  judge  whose  commission  shall  first  expire  shall 
he  chief  justice,  and  thereafter  each  judge  whose  commission 
shall  first  expire  shall  in  turn  be  chief  justice. 

Sec.  3.  The  jurisdiction  of  the  Supreme  Court  shall  extend 
over  the  State,  cuid  the  judges  thereof  shall,  by  ,T„,isdiefion  of 
virtue  of  their  offices,  be  justices  of  Oyer  and  ^"j»-i»'<'  Court. 
Terminer  and  General  Jail  Delivery  in  the  several  counties; 
they  shall  have  original  jurisdiction  in  cases  of  injunction 
where  a  corporation  is  a  party  deleudant,  of  habeas  corpus, 
of  mandamus  to  courts  of  inferior  jurisdiction,  and  of  (pio 
warranto  as  to  all  officei's  of  the  Commonwealth  whose  juris- 
diction extends  over  the  State,  but  shall  not  exercise  any 
other  original  jurisdiction  ;  they  shall  have  apjjellate  jurisdic- 
tion by  ajjpeal,  certiorari  or  writ  of  error  in  all  cases,  as  is  now 
or  may  hereafter  he  pirovided  by  law. 

Sec.  4.  Until  otherwise  directed  by  law,  the  Courts  of 
Common  Pleas  shall  continue  as  at  present  cnrts  of  Com. 
established,  except  as  herein  cliantied  :  not   "'""    J''''"«-     ^>'»- 

.,         '  ^  ^.  ,       II -         '  tiKf.s      not    to    ion. 

more   than    four    counties   sliall,  at   any   t<ii„    more     thun 
time,  be  included  in  one  judicial  district  /*""■«'""''*<'«• 
organized  for  said  courts. 

Sec.  5.  Whenever  a  county  shall  contain  forty  thousand 
inhabitants  it  shall  constitute  a  t-eparate 

1--11-.-.  11111       i  -1  iliidicinl  districts. 

judicuu  district,  ana  shall  elect  one  judge 
learned  in  the  law;  and  the  General  Assembly  shall  provide 
for  additional  judges,  as  the  business  of    the  said  districts 
may  require. 

Counties  containing  a  population  less  than  is  sufficient  to 
constitute  separate  districts  shall  be  formed  into  convenient 
single  districts,  or,  if  necessary,  may  be  attached  to  contigu- 
ous districts  as  the  General  Assembly  may  jjrovide. 

The  office  of  associate  judge,  not  learned  in  the  law,  is 
abolished  in  counties  forming  separate  dis-      office    of    Asso. 
tricts ;  but  the  several  associate  judges  in   cifite  jaoye  aOoi- 
office    when    this    Constitution    shall    be   **  *"  ' 
adopted  shall  serve  for  their  unexpired  terms. 

Sec.  6.  In  the  counties  of  Philailelphia  and  Allegheny  all 
the  jurisdiction  and  powers  now  vested  in  common  riras 
the  District  Courts  and  Courts  of  Common  courts  in  riiHa. 
Fleas,  subject  to  such  changes  as  may  be  y'ut'n'y.'^ 

25  c 


156       THE  CONSTITUTION  OF  PENySYLVAXLL 

made  by  tliis  Constitution  or  by  law,  sball  l)e  iii  Philadelphia 
vested  in  four,  and  in  Allegheny  in  two,  distinct  and  separate 
courts  of  equal  and  co-ordinate  jurisdiction,  composed  of 
three  judges  each;  the  said  courts  in  Philadelphia  shall  be 
designated  respectively  as  the  Court  of  Common  Pleas  num- 
ber one,  number  two,  number  three,  and  number  four,  and 
in  Allegheny  as  the  Court  of  Common  Pleas  number  one 
and  number  two,  but  the  number  of  said  courts  may  be  by 
law  increased,  from  time  to  time,  and  shall  be  in  like  man- 
ner designated  by  successive  numbers;  the  number  of  judges 
in  any  of  said  courts,  or  in  any  county  where  the  establish- 
iiicriiisc  of   "iGut  of  an  additional  court  may  be  author- 

jiniijvs  in  Commou  ized  by  law,  may  be  increased  from  time  to 
J  ,;it,  com  M.  time,   and  Avhenever   such    increase   shall 

amount  in  the  whole  to  three,  such  three  judges  shall  com- 
pose a  distinct  and  separate  court  as  aforesaid,  which  shall 
be  numbered  as  aforesaid. 

lu  Philadelphia  all  suits  shall  be  instituted  in  said  Courts 
of  Common  Pleas  without  designating  the 
number  oi  said  court,  ana  the  several  courts 
shall  distribute  and  apportion  the  business  among  them  in 
such  manner  as  shall  be  provided  by  rules  of  court,  and 
each  court,  to  which  any  suit  shall  be  thus  assigned,  shall 
liave  exclusive  jurisdiction  thereof,  subject  to  change  of 
venue,  as  shall  be  })rovided  by  law.  In  Allegheny  each 
court  i^hall  have  exclusive  iurisdiction  of 
all  proceedings  at  law  and  in  equity,  com- 
menced thei'cin,  subject  to  change  of  venue  as  may  be  pro- 
vided by  law. 

iSec.  7.  For  Philadelphia  there  shall  be  one  prothonotary's 
Trothonotarij  in  officc,  aud  oue  piothoiiotaiy  for  all  said 
I'hiiodciphin.  courts  to  be  appointed  by  the  judges  of  said 

courts,  and  to  hold  office  for  three  years,  subject  to  removal 
by  a  majority  of  the  said  judges;  the  said  prothonotary  shall 
appoint  such  assistants  as  may  be  necessary  and  authorized 
by  said  courts;  and  he  and  his  assistants  shall  receive  fixed 
salaries,  to  be  determined  by  law  and  paid  by  said  county ; 
all  )^ini>i  collected  in  said  office,  except  such  as  may  be  by  law 
due  to  the  Comuionwealth,  shall  be  paid  by  the  prothono- 
tary into  the  county  treasury. 

J'lich  court  shall  have  its  separate  dockets,  except  the 
judgment  docket,  which  shall  contain  the  judgments  and 

26 


THE  CONSTITUTION  OF  PENNSYLVANIA.      157 

liens  of  all  the  said  courts,  as  is  or  may  be  ^„fj,Z"Z  fZ'oZ 
directed  by  law.  jiKif/meiit  una  Heu 

Bec.  8.  The  said  courts  in  the  counties  ''''<■''''*• 
of  Philadelphia  and  Allegheny  respectively,  shall,  from  time 
to  time,  in  turn  detail  one  or  more  of  their  criminal  courts 
judges  to  hold  the  Courts  of  Oyer  and  Ter-  in  riiiiudeipiaa 
miner  and  the  Courts  of  Quarter  Sessions  ""  ^y  ">iu. 
of  the  Peace  of  said  counties,  in  such  manner  as  may  be  di- 
rected by  law. 

Sec.  9.  Judges  of  the  Courts  of  Common  Pleas  learned  in 
the  law  shall  be  Judges  of  the  Courts  of  Oyer  j,„.i.saivtion  of 
and  Terminer,  Quarter  Sessions  of  the  Peace  Commoti  I'Uas 
and  General  Jail  Delivery,  and  of  the  Or-  "*'"  ^''*'* 
j)hans'  Court,  and  within  their  respective  districts  shall  he  Jus- 
-  tices  of  the  Peace  as  to  criminal  matters. 

Sec.  10.  The  judges  of  the  Comis  of  Common  Pleas,  within 
their  respective  counties,  shall  have  power  jff„,j  issue  writs 
to  issue  writs  of  certiorari  to  Justices  of  the  of  <-frtioruri  to  iu- 

7      ,;         •     /•     •  .  I     I-  J      /erior  courts. 

Peace  and  ot/ier  mjerior  courts  not  oj  record, 

and  to  cause  their  proceedings  to  be  brought  before  them,  and 

right  and  justice  to  be  done. 

Sec.  11.  Except  as  otherwise  provided  in  this  Constitution, 
justices  of  the  peace  or  aldermen  shall  be  justices  of  the 
elected  in  the  several  wards,  districts,  bor-  pence  and  aider- 
oughs  and  townships  at  the  time  of  the  elec- 
tion of  constables,  by  the  qualified  electors  thereof,  in  such  man- 
ner as  shall  be  directed  by  law,  and  shall  be  commissioned  by 
the  Governor  for  a  term  of  five  years. 

No  township,  ward,  district  or  borough  shall  elect  more  than 
ttvo  justices  of  the  peace  or  aldermen  without  the  consent  oj  a 
majority  of  the  qualified  electors  within  such  township,  ward  or 
borougli;  nojjerson  shall  be  elected  to  such  office  unless  he  shall 
have  resided  within  the  township,  borough,  ivard  or  district  for 
one  year  next  preceding  his  election.  In  cities  containing  over 
fifty  thousand  inhabitants,  not  more  than  one  alderman  shall 
be  elected  in  each  ward  or  district. 

Sec.  12.  In  Phihideiphia  there  shall  be  established,  for 
each  thirty  thousand  inhabitants,  one  court,'  Maaistratps  in 
not  of  record,  of  police  and  civil  causes,  -P^t''"'''''i'/""- 
with  jurisdiction  not  exceeding  one  hundred  dollars;  such 
courts  shall  be  held  by  magistrates  whose  term  of  office  shall 
be  five  years,  and  tiiey  shall  be  elected  on  general  ticket  by 
14  27 


158        THE  CONSTITUTION  OF  PENNSYLVANIA. 

the  qualified  voters  at  large;  and  in  the  election  of  the  said 
magistrates,  no  voter  shall  vote  for  more  than  two-tlnrds  of 
the  number  of  persons  to  be  elected  when  more  than  one  are 
to  be  chosen  ;  they  shall  be  compensated  only  by  fixed  salaries, 
to  be  paid  by  said  county ;  and  shall  exercise  such  jurisdic- 
tion, civil  and  criminal,  except  as  herein  provided,  as  is  now 
exercised  by  aldermen,  subject  to  such  changes,  not  involving 
AUiernian  aboi-  ^u  increase  of  civil  jurisdiction  or  confer- 
**'**'<^'  ring  political  duties,  as  may  be   made  by 

law.     In  Philadelphia  the  office  of  alderman  is  abolished. 

Sec.  13.  All  fees,  tines,  and  penalties  in  said  courts  shall 
be  paid  into  the  county  treasury. 

Sec.  14.  In  all  cases  of  summary  conviction  in  this  Com- 
.        ,        „         monwealth,  or  of  judgment  in  suit  for  a 

Appf'ils        from  i         i      <•  •'       v 

stiiHiuatif   coiivic   penalty  before  a  magistrate,  or  court  not 

'"'"■  of  record,  either  party  may  appeal  to  such 

court  of  record  as  may  be  prescribed  by  law,  upon  allowance 

of  the  appellate  court  or  judge  thereof  upon  cause  shown. 

Sec.  15.  All  judges  reqaired  to  be  learned  in  the  law,  except 

Election        and   the  judges  of  the  Supreme  Court,  ahall  be 

term,    of   jtidyis.   elected  bi)  the  qualified  electoTS  of  the  respective 

dislricts  over  xt'hich  they  are  to  preside,  and  shall  hold  their  offices 

for  the  period  of  ten  years,  If  they  shall  so  long  behave  themselves 

well;  bat  for  any  reasonable  cause,  which  shall 

not  be  sufficient  ground  for  impeachment,  the 

Governor  may  remove  any  of  them  on  the  address  of  two-thirds 

of  each  House  of  the  General  Assembly. 

Sec.  16.  Whenever  two  judges  of  the  Supreme  Court  are 
,,,,,.       „ .    ,        to  be  chosen  for  the  same  term  of  service  each 
of  s,ip>-ime.  Court   votcr  Shall  votc  for  one  only,  and  wlien  three 
bit  iimu,d  vote.        g^j,^,  ^Q  i^g  chosen  he  shallvote  for  no  more 
than  two;  candidates  highest  in  vote  shall  be  declared  elected. 
Sec.  17.  Should  any  two  or  more  judges  of  the  Supreme 
Priorifi/  of  com.   Court,  or  any  two  or  more  judges  of  the 
missio„>,ofjudues.   (jourt  of  Comuiou  Pleas  for  the  same  dis- 
trict, be  elected  at  the  same  time,  they  shall,  as  soon  after 
the  election  as  convenient,  cast  lots  for  i)riority  of  commission, 
and  certify  the  result  to  the  Governor,  who  shall  issue  their 
commissions  in  accordance  therewith. 

Sec.  18.    The  judges  of  the  Supreme  Co  mi  and  the  judges 

<  o,„i,<  nsaiioii  of    "J    '^"'  '^'^>'''>''d  (JouHx  of  Common.  Plea.-<,  and 

judf/ia.  all  other  judges  required  to  be  learned  in  the 

28 


THE  CONSTITUTION  OF  PENNSYLVANLi.       159 

law,  shall  at  stated  times  receive  for  their  services,  an  adequate 
compensation,  which  shall  he  fixed  by  law,  and  paid  by  the  State. 
They  shall  receive  no  other  compensation,  fees,  or  perquisites 
of  office  for  tfieir  services  from  any  source,  nor 

7     iiij  -Oi         J-  jii  7       -17      rr    -i     1    Disqualification. 

hold  any  other  office  of  jyrofit  under  the  United 
States,  this  State,  or  any  oifier  State. 

Sec.  19.    Tfce  judges  of  tfie  Supreme   Court,  during  tfieir 
continuance  in  office,  sfiall  reside  witfiin  tfiis 
Commonwealtfi;  and  tfie  otfier  judges,  during     ^**  euceo/juif/es. 
tfieir  continuance  in  office,  sfiall  reside  witfiin  the  districts  for 
xvfdcJi  they  sfiall  be  respectively  elected. 

Sec.  20.  Tfie  several  Courts  of  Common  Pleas,  besides  tfie 
poivers  fierein  conferred,  sfiall  have  and  ex- 
ercise witfiin  tfieir  respective  districts,  subject  of  Con  its', ,f  Com. 
to  sucfi  cfianges  as  may  be  made  by  laiv,  such  '"""'  ^'''"•^■ 
cfiancery  powers  as  are  now  vested  by  law  in  tfie  several  Courts 
of  Common  Pleas  of  tfiis  Commonwealtfi,  or  as  may  fiereafter  be 
conferred  upon  tfiem  by  law. 

Sec.  21.  No  duties  shall  be  imposed  by  law  upon  the  Su- 
preme Court  or  any  of  the  judges  thereof,      Noe.rtr(i-jii,iiriai 
except  such  as  are  judicial,  nor  shall  any   duties  for 'jmhje.s. 
of  the  judges  thereof  exercise  any  power  of  appointment 
except  as  herein  provided. 

The  Court  of  Nisi  Prius  is  hereby  abolished,  and  no  court 
of  original  jurisdiction  to  be  presided  over      jyr^^j  r,.u,s  aboU 
by  any  one  or  more  of  the  judges  of  the  ished. 
Supreme  Court  shall  be  established. 

Sec.  22.  In  every  county  wherein  the  population  shall 
exceed  one  hundred  and  fifty  thousand,  separate  Or. 
the  General  Assembly  shall,  and  in  any  pf^""^'  Court. 
other  county  may,  establish  a  separate  Orphans'  Court,  to 
consist  of  one  or  more  judges  who  shall  be  learned  in  the 
law,  which  court  shall  exercise  all  the  jurisdiction  and  powers 
now  vested  in  or  which  may  hereafter  be  conferred  upon  the 
Orphans'  Courts,  and  thereupon  the  jurisdiction  of  the  judges 
of  the  Court  of  Common  Pleas  within  such  county,  in  Orphans' 
Court  proceedings,  shall  cease  and  determine.  In  any  county 
in  which  a  separate  Orphans' Court  shall  itegister  of  wnit 
be  established,  the  register  of  wills  shall  be  '»  *«'  '^^'■'^^  thereof. 
clerk  of  such  court  and  subject  to  its  directions,  in  all  matters 
pertaining  to  his  office ;  he  may  appoint  assistant  clerks,  but 
only  with  the  consent  and  approval  of  said  court. 

29  c2 


160      THE  CONSTITUTION  OF  rENNSYLVANIA. 

All  accounts  filed  with  liim  as  register  or  as  clerk  of  the 
said   separate    Orphans'    Court,   shall    be 

Accounts  therein  -        j    i         .1  x        -.i         i. 

to  be  audited  by  autlited  Dj  the  court  without  expense  to 
*'"'"■'*•  j)arties,  except  where  all  parties  in  interest 

in  a  pending  proceeding  shall  nominate  an  auditor  whom  the 
court  may,  in  its  discretion,  appoint. 

Hef,isters' Courts  ^^  cvery  county  Orphans'  Courts  shall 
abolished.  posscss  all  the  powers  and  jurisdiction  of  a 

Register's  Court,  and  separate  Kegisters'  Courts  are  hereby 
abolished. 

Sec.  23.  The  style  of  all  process  shall  be  "  The  Comnion- 

stijie  of  process  Wealth  of  Pennsylvania."  All  prosecutions 
and  indictment,  shall  be  Carried  on  in  the  name  and  by  the 
authority  of  the  Commonwealth  of  Pennsylvania,  and  con- 
clude "  against  the  peace  and  dignity  of  the  same." 

Sec.  24.  In  all  cases  of  felonious  homicide,  and  in  such 

„    .        .      c.      other  criminal  cases  as  may  be  provided 

Iteview     in     Su^     o         1         i  ,1  "i       i-  •      • 

preine    Court    in  tor   by  law,  the  accusecl  atter  conviction 

crinunai   cases.       ^^^  sentence,  may  remove  the  indictment, 

record,  and  all  proceedings  to  the  Supreme  Court  for  review. 

Sec.  25.  Any  vacancy  happening  by  death,  resignation,  or 

Vacancies  in  otherwise,  in  any  court  of  record,  shall  be 
courts -how  filled,  jm^d  jjy  appointment  by  the  Governor,  to 
continue  till  the  first  Monday  of  January  next  succeeding 
the  first  general  election  which  sliall  occur  three  or  more 
months  after  the  happening  of  such  vacancy. 

Sec.  26.  All  laws  relating  to  courts  shall  be  general  and 

Uniformiawsfor  <'f  Uniform  operation,  and  the  organization, 
courts,  s:c.  jurisdiction  and  powers  of  all  courts  of  the 

same  class  or  grade,  so  far  as  regulated  by  law,  and  the  force 
and  effect  of  the- process  and  judgments  of  such  courts,  shall 

Special      courts   be  Uniform  ;  and  the  General  Assembly  is 

prohibited.  hereby    prohibited    from    creating    other 

courts  to  exercise  the  powers  vested  by  this  Constitution  in 

the  judges  of  the  Courts  ofComnum  Pleas  and  Orphans' Courts. 

Sec.  27.  The  parties,  by  agreement  filed,  may  in  any  civil 

i'..rtiesn,a!,sub.   casc  dispcusc  with  trial   by  jury,  and  sub- 

tnit  ,-.v.s«,-.v  of  /act   mit  the  decision   of  such  case  to  the  court 

"  '^""'  '  having  jurisdiction  thereof,  and  such  court 

shall  hear  and   determine   the   same;    and    the  judgment 

Appeals.  tiiereon  shall  be  subject  to  writ  of  error  as 

in  other  cases. 


o 


30 


THE  CONSTITUTION  OF  PENNSYLVANIA.       161 

ARTICLE   VI. 

Impeachment  and  Eemoval  from  OflBce. 

Section  1.  The  House  of  Representatives 

J     77  7  ,7  7  ...        ^      7  ,  Impedchment. 

shall  ha  ve  the  sole  power  oj  imjjeachment. 

Sec.  2.  All  impeachments  shall  he  tried  by  the  Senate;  ivhen 
sitting  for  that  purpose  the  Senators  shall  be 
upon  oath  or  affirmation  ;  no  person  shall  be      "*"  ''"'^  ' 
convicted  without  the  concurrence  of  two-thirds  of  the  members 
present. 

Sec.  3.    The   Governor  and  all  other  civil  officers  shall  be 
liable  to  iinpeachment  for  any  misdemeanor      wimt  officers  im- 
in  office,  but  judgment  in  such  cases  shall  not  pc'ciiabie. 
extend  further  than  to  removal  from  office  and  disqualification 
to  hold  any  office  of  trust  or  pjrofit  under  this 
Commonwealth  ;  the  person  accused,  whether     "  o"w»  • 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  indictment, 
trial,  judgment  and  j)wnishment  according  to  law. 

Sec.  4.  All  officers  shall  hold  their  offices  on  the  condition  that 
they  behave  themselves  well  while  in  office,  and      cotiffition  of  offi^- 
shall  be  removed  on  conviction  of  misbehavior  *'*"'  *<'><"'•'• 
in  office  or  of  any  infamous  c^nme.     Appointed  officers,  other 
than  judges  of  the  courts  of  record  and  the 
Superintendent  of  Public  Instruction,  may 
be  removed  at  the  pleasure  of  the  power  by  which  they  shall 
have  been  appointed.     All  officers  elected  by  the  people,  ex- 
cept Governor,  Lieutenant-Governor,  members  of  the  General 
Assembly,  and  judges  of  the  courts  of  record  learned  in  law, 
shall  be  removed  by  the  Governor  for  reasonable  cause,  after 
due  notice  and  full  hearing,  on  the  address  of  two-thirds  of 
the  Senate. 

ARTICLE  VII. 

Oath  of  Office. 

Section  1.  Senators  and  Representatives  and  all  judicial, 
State  and  county  officers  shall,  before  entering  on  the  duties 
of  their  respective  offices,  take  and  subscribe  the  following 
oath  or  affirmation  :  "  I  do  solemnly  swear  General  oath  of 
(or  affirm)  that  I  will  support,  obey  and  oifi'-«- 
defend  the  Constitution  of  the  United  States,  and  the  Consti- 
14*  L  31 


1G2       THE  CONSTITUTION  OF  PENNSYLVANIA. 

tution  of  this  Commonwealth,  and  that  I  will  discharge  the 
duties  of  my  office  with  fidelity ;  and  that  I  have  not  paid 
or  contributed,  or  promised  to  pay  or  contribute,  either 
directly  or  indirectly,  any  money  or  otlier  valuable  thing, 
to  procure  my  nomination  or  election  (or  appointment), 
except  for  necessary  and  proper  expenses  expressly  author- 
izL'd  by  law ;  that  I  have  not  knowingly  violated  any  elec- 
tion law  of  this  Commonwealth,  or  ])rocured  it  to  be  done  by 
others  in  my  behalf;  that  I  will  not  knowingly  receive,  directly 
or  indirectly,  any  money  or  other  valuable  thing  for  the  per- 
formance or  non-performance  of  any  act  or  duty  pertaining 
to  my  office,  other  than  tlie  compensation  allowed  by  law." 

The  foregoing  oath  sluiU  be  administered  by  some  person 
authorized  to  administer  oaths,  and  in  the  case  of  State  officers 
and  judges  of  the  Supreme  Court,  shall  be  filed  in  the  office 
of  the  Secretary  of  the  Commonwealth,  and  in  the  case  of 
other  judicial  and  county  officers,  in  the  office  of  the  pro- 
thonotary  of  the  county  in  which  the  same  is  taken  ;  any 
j)erson  refusing  to  take  said  oath  or  affirmation  shall  forfeit 
his  office;  and  any  j^erson  who  shall  be  convicted  of  having 
sworn  or  affirmed  falsely,  or  of  having  violated  said  oath  or 
affirmation,  shall  be  guilty  of  perjury,  and  be  forever  dis- 
(pialified  from  holding  any  office  of  trust  or  profit  within  this 
CV)nimonwealth.  The  oath  to  the  members  of  the  Semite  and 
House  of  Representatives,  shall  be  administered  by  one  of 
the  judges  of  the  Supreme  Court  or  of  a  Court  of  Comniou 
rieas  learned  in  the  law,  in  the  hall  of  the  House  to  which 
the  members  shall  be  elected. 


ARTICLE  VIII. 

Suffrage  and  Elections. 

Section  1.  Every  male  citizen  tioenty-one  years  of  age,  pos- 
Quniificntionn  of  ses-shif/  the  following  qualfftcations,  shall  be 
'■"''■'■'•'•  entitled  to  vote  at  all  elections :  First.  —  He 

xhdll  have  been  a  citizen  of  the  United  States  at  least  one 
month.  Second.  —  He  shall  have  resided  in  the  State  one  year 
{or  if,  having  previously  been  a  qualijied  elector  or  native  born 
citizen  of  the  State,  he  shall  have  removed  therefrom  and  re- 
turned, then  six  months,)  immediately  jtreceding  the  election. 
Third.  —  He  shall  have  resided  in  the  election  district  where  he 

32 


THE  CONSTITUTION  OF  PENNSYLVANIA.       163 

shall  offer  to  vote  at  least  two  vaonih'i  immediately  preceding  the 
election.  Fourth.  —  IJ  twenty-two  years  of  age  or  upivards,  he 
shall  have  jjaid  within  two  years  a  State  or  county  tax,  wJiirh 
shall  have  been  assessed  at  least  two  mouths  and  paid  at  least 
one  nioutli  before  tlis  election. 

Sec.  2.  The  general  election  shall  be  held  annually  on 
the  Tuesday  next  followine;  the  first  Monday    ^  ,  ,     . 

,.  -.  T  1  1      .     ,  1        /--i  I     *  11        General  electtons. 

01  JNovember,  but  the  (jreneral  Assembly 
may  by  law  fix  a  different  day,  two-thirds  of  all  the  mem- 
bers of  each  House  consenting  thereto. 

Sec.  3.  All  elections  for  city,  ward,  borough  and  township 
officers,  for  regular  terms  of  service,  shall  Municipal  eiec- 
be  held  ou  the  third  Tuesday  of  February.   *'""*• 

Sec.   4.  All  elections   by   the   citizens  shall  be   by   ballot. 
Every  ballot  voted  shall  be  numbered  in      Elections  to  w  hy 
the  order  iu  which  it  shall  be  received,  and   haiiot  and  ballots 
the  number  recorded  by  the  election  officers   «^""*'""'*''<^' 
on  the  list  of  voters,  opposite  the  name  of  the  elector  who 
presents  the  ballot.     Any  elector  may  write      E„aorsetnents 
his  name  upon   his   ticket,  or   cause   the  thct-eon.      author- 
same  to  be  written  thereon  and  attested  by   ^^*"^' 
a  citizen  of  the  district.     The  election  officers  shall  be  sworn 
or  affirmed  not  to  disclose  how  any  elector  shall  have  voted 
unless  required  to  do  so  as  witnesses  in  a  judicial  proceeding. 

Sec.  5.  Electors  shall  in  all  cases  except  treason,  felony  and 
breach  or  surety  of  the  jieace,  be  2yrivileged      Electors     privi- 
from  arrest  during  their  attendance  on  elec-   ^ffftd  I'rotn  arrest, 
lions  and  in  going  to  and  returning  therefrom. 

Sec.  6.  Whenever  any  of  the  qualified  electors  of  this  Com- 
momvealth  shall  be  in  actual  military  service, 
under  a  requidtionfrom  the  President  of  the  *■ "  **^'' ""  *"^' 
United  States  or  by  the  authority  of  this  Commonwealth,  such 
electors  may  exercise  the  7'ight  of  suffrage  in  all  elections  by  the 
citizens,  under  such  regulations  as  are  or  shall  be  prrescribed 
by  law,  as  fully  as  if  they  were  present  at  their  usual  places  of 
election. 

Sec.  7.  All  laws  regulating  the  holding  of  elections  by 
the  citizens  or  for  the  registration  of  elec-  Election  laws  to 
tors  shall  be  uniform  throughout  the  State,  reyi'su'red' elector's 
but  no  elector  shall  be  deprived  of  the  tuay  vote, 
privilege  of  voting  by  reason  of  his  name  not  being  reg- 
istered. 

33  3 


164       THE  CONSTITUTION  OF  PENNSYLVANIA. 

Sec.  8.  Any  person  -wlio  f^llall  give,  or  promise  or  offer  to 

Corruption  to  diif  gi^'G,  to  an  elector,  any  money,  reward  or 
qtiaiifu  voters.  other  Valuable  consideration  for  his  vote 

at  an  election,  or  for  withholding  the  same,  or  who  shall  give 
or  promise  to  give  such  consideration  to  any  other  person  or 
party  for  such  elector's  vote  or  for  the  withholding  thereof, 
and  any  elector  who  shall  receive  or  agree  to  receive,  for 
himself  or  for  another,  any  money,  reward  or  other  valuable 
consideration  for  his  vote  at  an  election,  or  for  withholding 
the  same,  shall  thereby  forfeit  the  right  to  vote  at  such  elec- 
tion, and  any  elector  whose  right  to  vote 
I'lf/e.  shall   be  challenged  for  such  cause  before 

the  election  officers,  shall  be  required  to  swear  or  affirm  that 
the  matter  of  the  challenge  is  untrue  before  his  vote  shall 
be  received. 

Sec.  9.  Any  person  who  shall,  while  a  candidate  for  office, 

Cnn<ii<iat<s  (f>'ii-  be  guilty  of  bribery,  fraud,  or  wilful  vio- 
%^u!:iiir!l"'  ^i^l-  J'ltion  of  any  election  law,  shall  be  for- 
hotitin.j  „jiice.  -ever  disqualified  from  holding  an  office  of 

trust  or  profit  in  this  Commonwealth  :  and  any  person  con- 

nnfiii  violation  victed  of  wilful  violation  of  the  election 
"liJi/uaii'/'y  foi'-'vot'-  ^^^^^'^  sliall,  ill  addition  to  any  penalties 
'"«/•  provided  by  law,  be  deprived  of  the  right 

of  suffrage  absolutely  for  a  term  of  four  years. 

Sec.  10.  In  trials  of  contested  elections,  and  in  proceed- 

VitnrsufH  not  to  iugs  for  tlic  Investigation  of  elections,  no 
\',!on!/"\n  eiiction  pcTsou  sluill  bc  permitted  to  Withhold  liis 
<^"'«'<-  testimony   upon   the  ground   that  it  may 

criminate  himself  or  subject  him  to  public  infamy;  but  such 
teslimoiiy  shall  not  afterwards  be  used  against  him  in  any 
judicial  proceeding  except  for  perjury  in  giving  such,  tes- 
timony. 

Sec.  11.  Townships,  and  wards  of  cities  or  boroughs,  shall 

,.,     .       ...         form  or  be  divided  into  election  districts 

J'jfction  <li.strtct.i.        ,.  .  .  .  . 

01  compact  and  contiguous  territory,  in 
such  manner  as  tiic  Court  of  Quarter  Sessions  of  the  city  or 
county  in  which  the  same  are  located  may  direct:  but  dis- 
tricts in  cities  of  over  one  hundred  thousand  inhabitants 
.'■iuill  l>e  divided  by  the  Courts  of  Quarter  Sessions,  having 
jurisdiction  therein,  whenever  at  the  next  preceding  election 
more  than  two  hundred  and  fifty  votes  shall  have  been 
polled  liierein ;    and  other  election  districts  whenever    the 

34 


THE  CONSTITUTION  OF  PENNSYLVANIA.       165 

court  of  the  proper  county  shall  be  of  opinion  that  the  con- 
venience of  electors  and  the  public  interests  will  be  promoted 
thereby. 

Sec.  12.  All  elections  by  persons  in  a  rep-      npprpsentntives 
resentative  capacity  shall  be  viva  voce.  *"  ^"'^  """*  *"'*'^* 

Sec.  13.  For  the  purpose  of  voting  no  person  shall  be 
deemed  to  have  gained  a  residence  by  rea-  Kesiaenre  of  v»t. 
son  of  his  pre-sence,  or  lost  it  by  reason  of  Zst  ""in  "'certain 
his  absence,  while  employed  in  the  service,  cases. 
either  civil  or  military,  of  this  State  or  of  the  United  States, 
nor  while  engaged  in  the  navigation  of  the  w'aters  of  the 
State  or  of  the  United  States,  or  on  the  high  seas,  nor  while 
a  student  of  any  institution  of  learning,  nor  while  kept  in 
any  poor-house  or  other  asylum  at  public  expense,  nor  while 
confined  in  public  prison. 

Sec.  14.  District  election  boards  shall  consist  of  a  judge 
and  two  inspectors,  who  shall   be  chosen 

,1        1,1  • ,  •  T^ '     1         1       .  Election  boards. 

annually    by    the   citizens.     li,ach   elector 
shall  have  the  right  to  vote  for  the  judge  and  one  inspector, 
and  each  inspector  shall  appoint  one  clerk. 
The  first  election  board  lor  any  new  dis- 
trict shall   be  selected,  and  vacancies  in    Vacnncies. 
election  boards  filled,  as  shall  be  provided  by  law.     Election 
officers  shall    be    privileged    from    arrest      rriviief/esofeiec- 
upon  days  of  election,  and  while  engaged   Hon  officers. 
in  making  up  and  transmitting  returns,  except  upon  war- 
rant of  a   court  of  record   or  judge   thereof,  for  an  elec- 
tion fraud,  for  felony,  or  for  wanton  breach  of  the  peace. 
In  cities  they  may  claim  exemption  from  jury  duty  during 
their  terms  of  service. 

Sec.  lo.  No  person  shall  be  qualified  to  serve  as  an  elec- 
tion officer  who  shall    hold,  or  shall  within         Government    of- 

two  months  have  held  any  office,  appoint-  ficfs     and     em- 

,  1  J.    •  1         ii  jtloi/ees      disniitili- 

ment  or  employment  in  or  under  the  gov-  jied  to  serve  as 
eminent  of  the  United  States  or  of  this  f't'^ction officers. 
State,  or  of  any  city,  or  county,  or  of  any  municipal  board, 
commission  or  trust  in  any  city,  save  only  justices  of  the 
peace  and  aldermen,  notaries  public  and  persons  in  the 
militia  service  of  the  State ;  nor  shall  any  election  officer  be 
eligible  to  any  civil  office  to  be  filled  at  an  lueUgibUity  of 
election  at  which  he  shall  serve,  save  only  election  officers. 
to  such  subordinate  municipal  or   local  offices,  below  the 

35 


166        THE  CONSTITUTION  OF  rENNSYLVANIA. 

grade  of  city  or  county  offices,  as  shall  be  designated  by  gen- 
eral law. 

Sec.  16.    The  Courts  of  Common  Pleas  of  the  several 

Courts  of  Com.  couuties  of  the  Commonwealth  shall  have 
,Xrrt'"/"t"r"«7  P^^^er  within  their  respective  jurisdictions, 
ehctioii.i.  to  appoint  overseers  of  election  to  super- 

vise the  proceedings  of  election  officers  and  to  make  report 
to  the  court  as  may  be  required ;  such  appointments  to 
be  made  for  any  district  in  a  city  or  county  upon  petition 
of  five  citizens,  lawful  voters  of  such  election  district, 
setting  forth  that  such  appointment  is  a  reasonable  precau- 
tion to  secure  the  purity  and  fairness  of  elections ;  overseers 
shall  be  two  in  number  for  an  election  district,  shall  be  resi- 
dents therein,  and  shall  be  persons  qunlified  to  serve  upon 
election  boards,  and  in  each  case  members  of  different  po- 

Orrrsorrs  tnrn/  litit'al  parties;  whenever  the  niembersof 
drridrqiirntions  of  au  elcctiou  board  shall  differ  in  opinion 
dijfinnw.  ^j^g  overseers,  if  they  sliall  be  agreed  there- 

on, shall  decide  the  question  of  difference ;  in  appointing 
overseers  of  election  all  the  law  judges  of  the  proper  court, 
able  to  act  at  the  time,  shall  concur  in  the  appointments 
made. 

Sec.  17.  The  trial  and  determination  of  contested  elections 

Trial  of  contested  of  clcctors  of  President  and  Vice-President, 
elections.  members  of  the  General  Assembly,  and  of 

all  public  officers,  whether  State,  judicial,  municipal,  or  local, 
shall  be  by  the  courts  of  law,  or  by  one  or  more  of  the  law 
judges  thereof;  the  General  Assembly  shall,  by  general  law, 
designate  the  courts  and  judges  by  whom  the  several  classes 
of  election  contests  shall  be  tried,  and  regulate  the  manner 
of  trial  and  all  matters  incident  thereto ;  but  no  such  law 
assigning  jurisdiction,  or  regulating  its  exercise,  sliall  apply 
to  any  contest  arising  out  of  an  election  held  before  its 
passage. 

ARTICLE  IX. 

Taxation  and  Finance. 

SiX'Tiox  1.   All  taxes  shall  be  uniform,  uj)()n  the  same 

7Vixr«  to  t/e  iini.   chiss   of    subjccts,    witliiu    the    territorial 

f'"'"-  limits  of  the  authority  levying  the  tax,  and 

thall  be  levied  and  collected  under  general  laws;  but  the 

36 


THE  CONSTITUTION  OF  PENNS YL  VANIA .       167 

General  Assembly  may,"by  general  laws,  exempt  from  taxa- 
tion public  property  used  for  public  pur-    _ 

^         ,11  r>        1-     •  I  Exctnntions. 

poses,  actual  places  ot  religious  worship, 

places  of  burial   not  used  or  held  for  private  or  corporate 

profit,  and  institutions  of  purely  public  charity. 

Skc.  2.  All  laws  exempting  property  from  taxation,  other 
than  the  property  above  enumerated,  shall      zimitatiou  of 
be  void.  P''""''' '"  '•^'""^'^ 

Sec.  3.  The  power  to  tax  corporations  and  corporate  prop- 
erty shall  not  be  surrendered  or  suspended  j.„„,p,.  ^„  f„j,  ^or- 
by  any  contract  or  grant  to  which  the  State  porntions  not  to  be 
shall  be  a  party.  surrc,.a.re<i. 

Sec.  4.  No  debt  shall  be  created  by  or  on  behalf  of  the  State, 
excejit  to  supply  casual  deficiencies  of  reve-  powcr  to  make 
nues,  repel  invasion,  suppress  insurrection,  debts. 
defend  the  State  in  war,  or  to  pay  existing  debt;  and  the  debt 
created  to  supply  deficiencies  in  revenue  shall  never  exceed,  in 
the  aggregate  at  any  one  time,  one  million  of  dollars. 

Sec.  5.  All  laws,  aidhorizing  the  borrowing  of  money  by  and 
on  behalf  of  _  the  State,  shall  spevAfy  .the  pur-      Mono,,sborro„-rd 
pose  for  which  the  money  is  to  be  used,  and  to  be  u.seti  for  imr- 
the  money  so  borrowed  shall  be  used  for  the   ^^'"''^  upeajie  . 
purpose  -"specified  and  no  other. 

Sec.  6.   The  credit  of  the  Commonwealth  shall  not  be  p)ledged 
or  loaned  to  any  individual,  company,  cor-      state  credit  not  to 
poration  or  association,  nor  shall  the   Com-  ^'^  loaned,  die 
monwealth  become  a  joint  owner  or  stockholder  in  ayiy  company, 
association  or  corporation. 

Sec.  7.    The    General  Assevibly  shall  not    authorize   any 
county,  city,  borough,  township  or  incorporated      Mnnicinaiities 
district  to  become  a  stockholder  in  any  com-  9iot  to  become  stocic- 
pany,  association  or  corporation,  or  to  ob-     "'*^'*' 
tain  or  appropriate  money  for,  or  to  loan  its  credit  to,  any  cor- 
p)oration,  association,  institution  or  individual. 

Sec.  8.  The  debt  of  any  county,  city,  borough,  township, 
school  district  or  other  municipality  or  incor-  Municipal  debts 
porated  district,  except  as  herein  provided,  limited. 
shall  never  exceed  seven  per  centum  upon  the  assessed  value  of 
the  taxable  property  therein,  nor  shall  any  such  municipality  or 
district  incur  any  neiv  debt,  or  increase  its  indebtedness  to  an 
amount  exceeding  two  per  centum  upon  such  assessed  valuation 
of  property,  without  the  assent  of  the  electors  thereof  at  a  public 

37  » 


168       THE  CONSTITUTION  OF  PENNSYLVANIA. 

election  in  such  manner  as  shall  be  provided  by  laic:  but  any  city, 
the  debt  of  which  now  exceeds  seven  per  centum  of  such  assessed 
valuation,  may  be  authorized  by  law  to  increase  the  same  three  per 
centum,  in  the  aggregate  at  any  one  time,  upon  such  valuation. 
-  Sec.  9.  The  (Jommonvjealth  shall  not  assume  the  debt,  or  any 
part  thereof,  of  any  city,  county,  borough  or 
of  iiniiiiripfUdebts  township,  uuless  such  debt  shall  have  been 
bij  the  state.  Contracted  to  enable  the  State  to  repel  inva- 

sion, sujjpress  domestic  insurrection,  defend  itself  in  time  of  war, 
or  to  assist  the  State  in  the  discharge  of  any  portion  of  its  j^resent 
indebtedness. 

Sec.  10.  Any  county,  township,  school  district  or  other 

licpnytnent     of    municipality   incurring    any   indebteihicss 

tniniiciiyii  tieht  to  shall,  at  or   before  the  time  of  so  doing, 

e  2»oit(ti  foi.       provide  for  the  collection  of  an  annual  tax 

sufficient  to  pay  the  interest  and  also  tlie  principal  thereof 

■Nvithin  thirty  years. 

Sec.  11.  To  provide  for  the  payment  of  the  present  State 
.  debt,  and  any  additional  debt  contracted  as 

aforesaid,  the  General  Assembly  shall  con- 
tinue and  maintain  the  sinking  fund,  sufficient  to  pay  the 
accruing  interest  on  such  debt,  and  annually  to  reduce  the 
principml  thereof  by  a  sum  not  less  than  two  hundred  and  fifty 
thousand  dollars;  the  said  sinking  fund  shall  consist  of  the 
proceeds  of  the  sales  of  the  pniblic  tvorks  or  any  part  thereof, 
and  of  the  income  or  proceeds  of  the  sale  of  any  stocks  oivned 
by  the  Commonwealth,  together  with  other  funds  and  resources 
that  may  be  designated  by  law,  and  shall  be  inci'eased  from  time 
to  time  by  assigning  to  it  any  part  of  the  taxes  or  other  revenues 
of  the  State  not  required  for  the  ordinary  and  cxirrent  expenses 
of  government ;  and  unless  in  case  of  war,  invasion,  or  insur- 
rection, 710  part  of  the  said  si)iking  fund  shall  be  used  or  applied 
otherwuic  than  in  the  extingui.-<hment  of  the  public  debt. 

Sec.  12.  The  moneys  of  the  State,  over  and  above  the 
necessary  reserve,  shall  be  used  in  the  payment  of  the  debt 
of  the  State,  either  directly  or  through  the  sinking  fund,  and 
tiie  moneys  of  the  sinking  fund  shall  never  be  invested  in  or 
loaned  ujion  the  security  of  anything,  except  the  bonds  of 
the  United  States  or  of  this  State. 

Sec.  13.  The  moneys  held  as  necessary  reserve  shall  be 

iii-Hrrve  in  the  '''"itcd  ])y  law  to  the  amount  required  for 
tre„H„,u.  current  expenses, and  shall  be  secured  and 

38 


THE  CONSTITUTION  OF  PENNSYLVANIA.       1G9 

kept  as  may  be  provided  by  law.  Monthly  statements  shall 
be  published  showing  the  amount  of  such  moneys,  where  the 
same  are  deposited,  and  how  secured. 

Sec.  14,  The  making  of  profit  out  of  the  public  moneys 
or  usinff  the  same  for  any   purpose   not      „  ^  ^    ^ 

O  */       1  J.  SiPSOfVf*-  fiot  to   OS 

authorized  by  law  by  any  officer  of  the  convi-rted  to  2'ri- 
State,  or  member  or  officer  of  the  General  ''"'*'  "**'• 
Assembly,  shall  be  a  misdemeanor  and  shall  be  punished  as 
may  be  provided  by  law,  but  part  of  such  punishment  shall 
be  disqualification  to  hold  office  for  a  period  of  not  less  than 
five  years. 

ARTICLE  X. 

Education, 

Section  1.  The  General  Assembly  shall  provide  for  the 
maintenance  and  support  of  a  thorough  and  p„huc  schools  to 
efficient  system  of  public  schools,  wherein  ^^  ni,iintained. 
all  the  children  of  this  Commonwealth  above  the  age  of  six 
years  may  be  educated,  and  shall  appro-  Amount  appro- 
priate  at  least  one  million  dollars  each  P'-iuted. 
year  for  that  purpose. 

Sec.  2.  No  money  raised  for  the  support  of  the  public 
schools  of  the  Commonwealth  shall  be  Koanpropriftfion. 
appropriated  to  or  used  for  the  support  of  tosecturiun^vhooin. 
any  sectarian  school. 

Sec.  3.  Women  twenty-one  years  of  age      rrometioiujibieto 
and  upwards,  shall  be  eligible  to  any  office  »c/<««<  orfives. 
of  control  or  management  under  the  school  laws  of  this  State. 

ARTICLE  XL 
Militia. 

Section  1.    The  freemen  of  this    Commonwealth  shall  he 
armed,   organized,   and    disciplined  for  its      Organization  of 
defence  when  and  in  such  manner  as  may  be  ^ftinua. 
directed  by  law. 

The  General  Assembly  shall  provide  for  maintaining  the 
militia  by  appropriations  from  the  treasury      Ex<tnption    «»«- 
of  the   Commonwealth,  and   may  exempt   thoiirnd. 
from  military  service  persons  having  conscientious  scruples 
against  bearing  arms. 

15  39 


170       THE  CONSTITUTION  OF  PENNSYLVANIA. 
ARTICLE  XII. 

Public  Officers. 

Section  1.  All  officers,  whose  selection  is  not  provided  for 
Sf'h-ctionofiiubUc   'in  this  Constitution,  shall  be  elected  or  ap- 
officffs.  pointed  as  may  he  directed  by  law. 

Sec.  2.  No  me^nber  of  Congress  from  this  State,  nor  any 
^  ,      ,      ^  person  holding  or  exereisinq  any  office  or 

Trdoral      officers      ^  .  .      ">     .         .  £i  l  il, 

ciis</iuiii/i<d  for  appointment  oj  trust  or  jjrojit  under  the 
State  office.  tjnited  States,  shall  at  the  same  time  hold 

or  exercise  any  office  in  this  State  to  which  a  salai-y,  fees,  or 
perquisites  ^shall  be  attached.  The  General  Assembly  viay  by 
laio  declare  ivhdt  offices  are  incompatible. 

Sec.  3.  Any  person  ivho  shall  fight  a  duel  or  send  a  chal- 

Diniiiiiff  tiisquni.   leiige  for  that  purpose,  or  be  aider  or  abettor 

ijicttion  for  office.    {)^  fighting  a  ducl,  shall  be  deprived  of  the 

right  of  holding  any  office  of  honor  or  profit  in  this  State,  and 

may  be  otherwise  j^tmished  as  shall  be  prescribed  by  law, 

ARTICLE  XIII. 
New  Counties. 

Section  1.  Xo  new  county  shall  be  establi.slied  which 
,..,,.  ^  shall  reduce  any  county  to  less  than  four 

T.imttfftion         "/ill  M  ,      I  ti  J.  t 

powrr  to  create  hundred  squarc  niues,  or  to  less  tlian  twenty 
coiintie.s.  thousand  iidiabitants;  nor  sliall  any  county 

be  formed  of  less  area,  or  containing  a  less  population ;  nor 
shall  any  line  thereof  pass  withiu  ten  miles  of  the  county  seat 
of  any  county  proposed  to  be  divitled. 

ARTICLE  XIV. 

County  Officers. 

Section  1.  County  officers  shall  consist  of  sheriffs,  coro- 
ners, protliouotaries,  registers  of  wills,  re- 

Cointtii  officers.  i  x-    i        i  •      •  x 

corders  oi  tleeds,  comnnssioners,  treasurers, 
surveyors,  auditors  or  controllers,  clerks  of  the  courts,  dis- 
trict attorneys,  and  such  others  as  may  from  time  to  time  be 
establislie(|  l)y  law  ;  and  no  sheritf  or  treasurer  shall  be 
eligi!»l(;  ibr  tli(!  term  next  succeeding  the  oneforwiiich  he 
may  be  elected. 

40 


THE  CONSTITUTION  OF  PENNSYLVANIA.       171 

Sec.  2.   County  officers  shall  he  elected  at  the  general  elec- 
tions and  shall  hold  their  offices  for  the  term      Election        and 
of  three  years,  beginning  on  the  first  Monday   *^"i"<^- 
of  January  next  after  their  election,  and  until  their  successors 
shall  be  duly  qualified;    all  vacancies  not 
otherwise  provided  for  shall  be  filled  in 
such  manner  as  may  be  provided  by  law. 

Sec.  3.  No  person  shall  be  apjyointed  io  any  office  within 
any  county  who  shall  not  have  been  a  citizen  nesidenre  of 
and  an  inhabitant  therein  one  year  next  ^^ounty  officers, 
before  his  appointment,  if  the  county  shall  have  been  so  long 
erected,  but  if  it  shall  not  have  been  so  long  erected,  then  within  tlie 
limits  of  the  county  or  counties  out  of  which  it  shallhave  beeyi  taken. 

Sec.  4.  Prothonotaries,  clerks   of   the   courts,  recorders  of 
deeds,  registers  of  wills,  county  surveyors  and      offices  to  be  kept 
she7'iffs,  shall  keep  their  offices  in  the  county  *"  coitnty  town. 
toivn  of  the  county  in  which  they  respectively  shall  he  officers. 

Sec.  5.  The  compensation  of  county  officers  shall  be  regu- 
lated by  law,  and  all  county  officers  who 

1  1       •     1       I      i  1  1 1   i»  Compensation. 

are  or  may  be  salaried  shall  jjay  all  tees 
which  they  may  be  authorized  to  receive,  into  the  treasury 
of  the  county  or  State,  as  may  be  dii'ected  by  law.  In 
counties  containing  over  one  hundred  and  fifty  thousand  in- 
habitants all  county  officers  shall  be  paid  by  salary,  and 
the  salary  of  any  such  officer  and  his  clerks,  heretofore  paid 
by  fees,  shall  not  exceed  the  aggregate  amount  of  fees  earned 
during  his  term  and  collected  by  or  for  him. 

Sec.  6.  The  General  Assembly  shall  provide  by  law  for 
the  strict  accountability  of  all  county,  AccoiititfihUitijof 
township  and  borough  officers,  as  well  for  ■niunicipai  officers. 
the  fees  which  may  be  collected  by  them,  as  for  all  public  or 
municipal  moneys  which  may  be  paid  to  them. 

Sec.  7.  Three  county  commissioners  and  three  county 
auditors  shall  be  elected  in  each  county  County  couimis- 
where  such  officers  are  chosen,  in  the  year  toVs7o%ec>!ostn'by 
one  thousand  eight  hundred  and  seventy-  Umitea  vote. 
five  and  every  third  year  thereafter ;  and  in  the  election  of 
said  officers  each  qualified  elector  shall  vote  for  no  more 
than  two  persons,  and  the  three  persons  having  the  highest 
number  of  votes  shall  be  elected;  any  vacancies  — hotv 
casual  vacancy  in  the  office  of  county  /»''e<^- 
commissioner  or  county  auditor  shall  be  filled  by  the  Court 

41  1^2 


172       THE  CONSTITUTION  OF  rENNSYLVANIA. 

of  Common  Pleas  of  the  county  in  which  such  vacancy 
shall  occur,  by  the  appointment  of  an  elector  of  the  proper 
county  ■\vho  shall  have  voted  for  the  commissioner  or  audi- 
tor whose  place  is  to  be  filled. 

ARTICLE  XV. 

Cities  and  City  Charters. 

Section  1.  Cities  may  be  chartered  whenever  a  majority 
General  laws  to  of  the  elcctors  of  any  town  or  borough 
establish  cities.        having  a  population  of  at  least  ten  thousand 
shall  vote  at  any  general  election  in  favor  of  the  same. 
Sec.  2.  No  debt  shall  be  contracted  or  liability  incurred  by 
jtiiinieijxii   eom.   any  municipal  commissiou,  except  in  pursu- 
car<h'hts"icrj'yuu  auco  of  an  appropriation  previously  made 
uppiopt-iatioiis.        therefor  by  tlie  municipal  government. 
Sec.   3.   Every  city  shall  create  a  sinking  fund,  which 
sitthing  funds  ill  sluill  be  inviolably  pledged  for  the  payment 
«"'<^*'-  of  its  funded  debt. 

ARTICLE  XVI. 
Private  Corporations. 

Section  1.  All  existing  chaiters,  or  grants  of  special  or 
TTn used  charters   cxclusive  privileges,   under  which  a  bo)ia 
to  be  void.  ji^g   organization    shall    not   have    taken 

place  and  business  been  commenced  in  good  faitli,  at  the 
time  of  the  adoption  of  this  Constitution,  shall  thereafter 
have  no  validity. 

Sec.  2.  Tiie  General  Assembly  shall  not  remit  the  forfeit- 
jvo    charter    to  ure  of  the  charter  of  any  corporation  now 

he      validated      or  •    ,•  i.  i    ^i 

atnended  exce2)t  on  existmg,  or  alter  or  amend  the  same,  or 
condition.  pass  auy  other  general  or  special  law  for 

the  benefit  of  such  corporation,  except  upon  the  condition 
that  such  corporation  shall  thereafter  hold  its  charter  sub- 
ject to  the  provisions  of  this  Constitution. 

Sec.  3.  The  exercise  of  the  rigiit  of  eminent  domain  shall 
iHiiht  of  eminent  uevcr  be  abridged  or  so  construed  as  to 

tloniain     not    to    lie  x  ^i        rt  i     a  i  i       i-  i     i    • 

oinid,,rd  or  police  prcvcut  thc  (jreueral  Assembly  irom  taking 
pon-rrtoheiiniitrd.  tjie  prf)pcrty  aud  franchises  of  incorporated 
companies,  aud  subjecting  tiiein  to  public  use,  the  same  as 

42 


THE  CONSTITUTION  OF  PENNSYLVANIA.       173 

the  property  of  individuals  ;  and  the  exercise  of  the  police 
power  of  the  State  shall  never  be  abridged  or  so  construed 
as  to  permit  corporations  to  conduct  their  business  in  such 
manner  as  to  infringe  the  equal  rights  of  individuals  or  the 
general  well-being  of  the  State. 

Sec.  4.  In  all  elections  for  directors  or  managers  of  a  cor- 
poration each  member  or  shareholder  may      ^y^^,  .^^  ^^^^  ^^^ 
cast  the  whole  number  of  his  votes  for  one   stoch/ioidef     eiec- 
candidate,  or  distribute  them  upon  two  or  **""*• 
more  candidates,  as  he  may  prefer. 

Sec.  5.  No  foreign  corporation  shall  do  any  business  in  this 
State  without  having  one  or  more  known  j.\„.ri{/„  corpora. 
places  of  business  and  an  authorized  agent  tions  t<,ii<ir<- piocs 

.      .       ,,  1  ofbiisinetis  ill  state. 

or  agents  in  the  same  upon  whom  process 
may  be  served. 

Sec.  6.  No  corporation  shall  engage  in  any  business  other 
than  that  expressly  authorized  in  its  char-      corporatious  not 
ter,  nor  shall  it  take  or  hold  any  real  estate   *JI,.^!^'l^Xn,ihJri^d 
except  such  as  may  be  necessary  and  proper  bu  tiuir  c/utrtcrs. 
for  its  legitimate  business. 

Sec.  7.  No  corporation  shall  issue  stocks  or  bonds  except 
for  money,  labor  done,  or  money  or  prop-  y,,^  fictitious  in. 
erty  actually  received;    and  all    fictitious   crcnse  of  stocks  or 

•    ,  x-     X      1  •      1    1  J.     1  1111         bonds   forbidden. 

increase  ot  stock  or  indebtedness  sliali  be 
void.  The  stock  and  indebtedness  of  corporations  shall  not 
be  increased  except  in  pursuance  of  general  law,  nor  without 
the  consent  of  the  persons  holding  the  lai'ger  amount  in  value 
of  the  stock,  first  obtained  at  a  meeting  to  be  held  afler  sixty 
days'  notice  given  in  pursuance  of  law. 

Sec.  8.  j\iiuiiclpal  and  other  corporations  and  indivkhials 
invested  with  the  privilege  of  taking  private  The  taLitig  <nid 
property  for  2JubliG  use  shall  make  just  '^i-lllZtlftole'Zf^ 
compensation  for  property  taken,  injured  pcnsuted. 
or  destroyed  by  the  construction  or  enlargement  of  their  works, 
highways  or  improvements,  which  com^iensabion  shall  be  paid 
or  secured  before  such  taking,  injury  or  destruction.  The 
General  Assembly  is  hereby  prohibited  from  depriving  any 
person  of  an  appeal  from  any  preliminary  assessment  of 
damages  against  any  such  corporations  or        .^  ^^  ,,    „  ^^^  „^ 

p  o  J     _  1  _  Appeals  from  as- 

individuals  made  by  viewers  or  otherwise;   sessment  of  dam. 
and  the  amount  of  such   damages  in  all   "^''*'' 
cases  of  appeal  shall  on  the  demand  of  either  party  be  deter- 
15  *  4;) 


174       THE  CONSTITUTION  OF  PENNSYLVANIA. 

mined  by  a  jury  according  to  the  course  of  the  common 
hiw. 

Sec.  9.  Every  banking  law  shall  provide  for  the  registry 
Bnuk  -  notrs  or  and  couutersigniug,  by  an  officer  of  theState, 
bills  to  he  secured,  ^f  ^H  uotes  or  bills  designed  for  circu- 
lation, and  that  ample  security  to  the  full  amount  thereof 
shall  be  deposited  with  the  Auditor-General  for  the  redemp- 
tion of  such  notes  or  bills. 

Sec.  10.  The  General  Assembly  shall  have  the  poiver  to  alter, 
iteppni  of  char-   Tevoke  ov  aiinul  any  charter  of  incorporation 
ters  authorixed.        ^^q^^  existing  and  revocable  at  the  adoption  of 
this  Constitution,  or  any  that  may  hereafter  be  created,  whenever 
in  their  opinion  it  may  be  injurious  to  the  citizens  of  this  Com- 
monwealth, in  such  manner,  however,  that  no  injustice  shall  be 
Ko  inw  to  create    donc  to  the  Corporators.     No  laiv  hereafter 
dr.,  more  than  one   enacted    shall   Create,  renew    or  extend   the 
charter  of  more  than  one  corporation. 
Sec.  11.  No  corporate  body  to  possess  banking  and  discount- 
Notice  of  hills  to  ing  privileges  shall  be  created  or  organized  in 
create  banks.  pursuance  of  any  law  without  three  months 

previous  public  notice,  at  the  place  of  the  intended  location,  of 
the  intention^to  apply  for  such  privileges,  in  such  manner  as 
,,     ,       ,     ,        shall  be  prescribed  bii  law,  nor  shall  a  charter 

Hank     charters       ,  ?  •    •;  ?  i  /• 

limited  to  twenty  jor  such  privuege  be  granted  for  a  longcr  jjc- 
V"'"'^-  'j-Iq(J  than  twenty  years. 

Sec.  12.  Any  association  or  corporation  organized  for  the 
Teier/raph    lines   purposc,  or  any  individual,  shall  have  the 
yi"nja'nus''%h'u^   ^'•S^'t  to  construct  and  maintain  lines  of 
terrd.  telegraph  within  this  State,  and  to  connect 

the  same  with  other  lines,  and  the  General  Assembly  shall, 
by  general  law  of  uniform  operation,  provide  reasonable 
regulations  to  give  full  effect  to  this  section.  No  tele- 
graph company  shall  consolidate  with,  or  hold  a  control- 
ling interest  in,  the  stock  or  bonds  of  any  other  telegraph 
company  owning  a  competing  line,  or  acquire,  by  purchase 
or  otherwise,  any  other  competing  line  of  telegraph. 

Sec.  13.  The  term  "  corporations,"  as  used  in  this  article, 
riieu-ord"rorpo.  shall  bc  construcd  to  include  all  joint-stock 
ration"  defined.       companies  or  associations  having  any  of  the 
powers  or  privileges  of  corporations  not  possessed  by  indi- 
viduals or  partnerships. 

44 


THE  CONSTITUTION  OF  PENNSYLVANIA.      175 

ARTICLE  XVII. 

Railroads  and  Canals. 

Section  1.  All  railroads  and  canals  shall  be  public  liigh- 
wavs,  and  all  railroad  and  canal  comi^anies     „   .,       , 
shall  be  common  carriers.  nnis,  public  hitju- 

Auy  association    or  corporation   organ-   ""'^*' 
ized  for  the  purpose  shall  have  the  riglft  to  construct  and  ope- 
rate a  railroad  between  any  points  within         jf[„y    ^g    con' 
this  State,  and  to  connect  at  the  State  line  su-ucted. 
with  railroads  of  other  States. 

Every  railroad  company  shall  have  the  right  with  its  road 
to  intersect,  connect  with  or  cross  any  other      „_    ,,   , 

'  ,      ,,  .  ,  •'  Shrill     have    con- 

railroad;  and  shall  receive  and  transport  nectionsond useof 
each  the  other's  passengers,  tonnage  and  '•onHectUoj  road^.  , 
cars  loaded  or  empty,  without  delay  or  discrimination. 

Sec.  2.  Every  railroad  and  canal  corporation  organized  in 
this  State  shall  maintain  an  office  therein  Rniiroad  find  en- 
where  transfers  of  its  stock  shall  be  made,  k"rp''offic^ti  ti^ 
and  where  its  books  shall  be  kept  for  in-  state. 
spection  by  any  stockholder  or  creditor  of  such  corpora- 
tion, in  which  shall  be  recorded  the  amount  of  capital  stock 
subscribed  or  paid  in,  and  by  whom,  the  names  of  the  owners 
of  its  stock  and  the  amounts  owned  by  them,  respectively, 
the  transfers  of  said  stock,  and  the  names  and  places  of  resi- 
dence of  its  officers. 

Sec.  3.  All  individuals,  associations  and  corporations  shall 
have  equal  right  to  have  persons  and  prop-  Dtscrhnhuifious 
erty  ti-ansported  over  railroads  and  canals,  ^freit/ilt' '<ui,i  i/i'iZ 
and  no  undue  or  unreasonable  discriinina-  sen/jcrs prohibited. 
tion  shall  be  made  in  charges  for,  or  in  facilities  for  trans- 
portation of  freight  or  passengers  within  the  State,  or 
coming  from  or  going  to  any  other  State.  Persons  and 
property  transported  over  any  railroad  shall  be  delivered  at 
any  station  at  charges  not  exceeding  the  charges  for  trans- 
portation of  persons  and  property  of  the  same  class  in  the 
same  direction  to  any  more  distant  station  ;  but  excursion  and 
commutation  tickets  may  be  issued  at  special  rates. 

Sec.  4.  No  railroad,  canal  or  other  cor-      consoiuhuion 
poration,  or  the  lessees,  purchasers  or  man-  «'''/»      coitipettng 
agers  of  any  railroad  or  canal  corporation,   h'/biied!^'^^      ^'"' 

45 


176       THE  CONSTITUTION  OF  PENNSYLVANIA. 

shall  consolidate  the  stock,  property  or  franchises  of  such 
corporation  with,  or  lease,  or  purchase  the  works  or  fran- 
chises of,  or  in  any  way  control  any  other  railroad  or  canal 
corporation  owning  or  having  under  its  control  a  parallel  or 
offirrrs  of  eom-  Competing  line  ;  nor  shall  any  officer  of 
o/r;"<'rs  o'f'lol'i'ipet-  ^^'^^^  railroad  or  canal  corporation  act  as 
iny  conijxinieit.  au  officer  of  any  Other  railroad  or  canal 
corpoi'ation  owning  or  having  the  control  of  a  parallel  or 
competing  line;  and  the  question  whether  railroads  or  canals 
are  parallel  or  competing  lines  shall,  when  demanded  by 
the  party  complainant,  be  decided  by  a  jury  as  in  other  civil 
issues. 

Sec.  5.  No  incorporated  company  doing  the  business  of  a 

Coitiinon-erirricr    comuiou  Carrier  shall,  directly  or  indirectly, 

coi  i>i>r<itioi,s  not  to   pi'osecute  or  engage  in  minini>:  or  manufac- 

vinioifc  III  nulling,     l       .  •    i  j.  • 

-ini'iiiiijiictitrint/,  turuig  articlcs  tor  transportation  over  its 
*"■  works ;   nor  shall  such  company,  directly 

or  indirectly,  engage  in  any  other  business  thau  that  of  com- 
mon-carriers, or  hold  or  acquire  lands,  freehold  or  leasehold, 
directly  or  indirectly,  except  such  as  shall  be  necessary  for 
carrying  on  its  business ;  but  any  niininji; 

Exception.  •'     ^,.      ,       •  .1 

or  manufacturing  company  may  carry  the 
products  of  its  mines  and  manufactories  on  its  railroad  or 
canal  not  exceeding  fifty  miles  in  length. 

8ec.  6.  No  president,  director,  officer,  agent  or  employee 
Offirrrs,   &r.,  of   of  aiiy  raili'oad  or  canal  company  shall  be 

coin/tiinirs      not    to     •     ,  til'  ii  •       ^•  ^i         •       ^i        ±' 

rni/'ii/r  in  trims,  interested,  directly  or  indirectly,  in  the  fur- 
jtortiitiouhusinrss.  ni.shing  yf  material  or  supplies  to  such 
company,  or  in  the  business  of  transportation  as  a  common 
carrier  of  freight  or  ])assengers  over  the  works  owned,  leased, 
controlled  or  worked  by  such  company. 

Sec.  7.  No  discrimination  in  charges  or  facilities  for  tran's- 

No    lUsrriiniiia-   P^rtiition  sluUl  be  liuulc  bctwecu  trauspoi'ta- 

tion  ill  rii,ir,,rs  to  tlou  compauies  and  individuals,  or  in  favor 

triinsiiort'  rs.  i-     -^t  1  1       ,  .1  1         «  1 

ot  either,  by  abatement,  drawback  or  other- 
wise, ami  no  railroad  or  canal  company,  or  any  lessee,  man- 
ager or  employee  thereof,  shall  make  any  preferences  in  fiir- 
uishing  cars  or  motive  power. 

Sec.  8.  No  railroad,  railway  or  other  transportation  com- 
Fror    puHsra   on   paiiy  sliall  grant  free  passes,  or  passes  at  a 
luHii^d!"        ^"'"'   <''^''<»'i'f,  to  any  persons  except  officers  or 
employees  of  tlie  company. 

40 


THE  CONSTITUTION  OF  PENNS YL  VANI.  1 .       177 

Sec.  9.  No  street  passenger  railway  rnssmaer  mil. 
shall  be  constructed  within  the  limits  of  \"','.'„rtrd  "u-nuout 
any  city,  borouoh  or  township  without  the  <•<>,>""■"*  "/  »"""■ 
consent  of  its  local  authorities. 

Sec.  10.  No  railroad,  canal  or  other  transportation  com- 
pany, in  existence  at  the  time  of  the  adop-       , 

■'.•''„,.  .    ,  1      11    1  1         1  h  Acceptiiiice        of 

tiou  01  this  article,  shall  have  the  beneht   this      fnticie     bij 
of    any  future  legislation    by  general    or   '^""'imnies. 
special  laws,  except  on  condition  of  complete  acceptance  of 
all  the  provisions  of  this  article. 

Sec.  11.  The  existing  powers  and  duties  of  the  Auditor- 
General    in    regard    to    railroads,    canals       -^  ,.        ^   ^    ,■ 

o  .  '  .  Duties    of   Aiitli. 

and  other  transportation  companies,  ex-  toi-.tiiiurui  as  to 
cept  as  to  their  accounts,  are  hereby  trans-  ''p".'/.",','''7o  fw'-*.' 
ferred  to  the  Secretary  of  Internal  Affairs,  *'!''!'.  ^t'  i»t<">'>ii 
who  shall  have  a  general  supervision  over 
them,  subject  to  such  regulations  and  alterations  as  shall  be 
provided  by  law ;  and,  in  addition  to  the  annual  rejjorts  now 
required  to  be  made,  said  Secretary  may  require  special  re- 
ports at  any  time  upon  any  subject  relating  to  the  business 
of  said  companies  from  any  officer  or  officers  thereof. 
Sec.  12.  The   General  Assembly  shall 

n  1  •    i     1       •  1    i-         ^'i  J^aws  to  enforce, 

entorce  by  appropriate  legislation  the  i^ro- 
visioiis  of  this  article. 


ARTICLE  XVIII. 
Future  Amendments. 

Section.  1.  Anxj  amendment  or  amendments  to  this  Con- 
stitution may  be  proposed  in  the  Serxite  Amendments 
or  House  of  Bepjresentatives ;  and,  if  the  »*"//  &«  pro2>osed 
same  shall  be  agreed  to  by  a  majority  of  tlie  ^  -^''f '*  "<"'■<•. 
members  elected  to  each  House,  such  p7'oposed  amendment  or 
amendments  shall  be  entered  on  their  journals  with  the  yeas  and 
nays  taken  thereon,  and  the  Secretary  of  the  Commonwealth 
shall  caxise  the  same  to  be  published,  three  months  before  the 
next  general  election,  in  at  least  two  newspapers  in  every  coiody 
in  which  such  newspapers  shall  be  published;  and  if,  in  the 
General  Assembly  next  afterwards  chosen,  siich  j^roposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  the 
members  elected  to  each  House,  the  Secretary  of  the  Connnon- 
M  47 


178       THE  CONSTITUTION  OF  PENNSYLVANIA. 

weallh  sliall  cause  the  same  again  to  be  published  in  the  manner 
aforesaid ;  and  stick  proposed  amendment  or  amendments  shall 
be  submitted  to  the  qualified  electors  of  the  State  in  such  man- 
ner, and  at  such  time  at  least  three  moidhs  after  being  so  agreed 
to  by  the  tico  Houses,  as  the  Goieral  Assembhj  shall  prescribe  ; 
and,  if  such  amendmeid  or  amendments  shall  be  approved  by  a 
roiisiitiitioiKii  vuiJorUy  of  those  voting  thereon,  such  amend- 
auKii.hiiynfs  not  to  mmt  or  aiueudmods  shall  become  a  part  of 
vv  thitn  oiire  in  Jive  tiw  to)istd'uf lou  /  out  uo  amendment  or 
!><"'"•  ameudmeids  >^hall  be  submitted  oftener  than 

once  in  fire  years.      When  two  or  more  amendments  shall  be 
submitted,  they  shall  be  voted  upon  separately. 

48 


SCHEDULE. 


That  no  inconvenience  may  arise  from  the  changes  in  the 
Constitution  of  the  Commonwealth,  and  in  order  to  carry 
the  same  into  complete  operation,  it  is  hereby  declared 
that :  — 

Section  1.  This  Constitution  shall  take  effect  on  the  first 
day  of  January,  in  the  year  one  thousand      when  to  take  cf' 
eight   hundred    and    seventy-four,   for    all    /'•'*• 
purposes  not  otherwise  provided  for  therein. 

Sec.  2.  All  laws  in  force  in  this  Commonwealth  at  the 
time  of  the  adoption  of  this  Constitution 
not  inconsistent  therewith,  and  all  rights,     "'""'' 
actions,  iirosecutions  and  contracts  shall  continue  as  if  this 
Constitution  had  not  been  adopted. 

Sec.  3.  At  the  general  election  in  the  year  one  thousand 
eight  hundred  and   seventy-four  and  one      c.      ^         ^      , 
thousand  eight  hundred  and  seventy-five,   ehcuui     in     isr-i 
Senators  shall  be  elected  in  all  districts   ""^^  ^*'"^^- 
where  there  shall  be  vacancies. 

Those  elected  in  the  year  one  thousand  eight  hundred  and 
seventy-four  shall  serve  for  two  years,  and  TheU-  terms  um- 
those  elected  in  the  year  one  thousand  eight  '*'''^- 
hundred' and  seventy-five  shall  serve  for  one  year.  Senators 
now  elected  and  those  whose  terms  are  unexpired  shall  repre- 
sent the  districts  in  which  they  reside  until  the  end  of  the 
terms  for  which  they  were  elected. 

Sec.  4.  At  the  general  election  in  the  year  one  thousand 
eight  hundred  and  sixty-six.  Senators  shall       4^  f„n  senate  to 
be  elected  from  even  numbered  districts  be  chosen  in  isto. 
to  serve  for  two  years,  and  from  odd  numbered  districts  to 
serve  for  four  years. 

Sec.  5.  The  first  election  of  Governor  under  this  Constitu- 
tion shall  be  at  the  general  election  in  the     ^  .    ^„^_ 

J,  1-1  1  IT  1        Governor  in  IS / 5 

year   one   thousand    eight    hundred    and   fo>' s y<<ns. 

49  E  4  179 


180       THE  COXSTfTUTION  OF  PENNSYLVANIA. 

seventy-five,  avIicu  a  Governor  shall  be  elected  for   three 
years. 

And  the  term  of  the  Governor  elected  in  the  year  one 

Andinis7s  for  thousand  eiglit  hundred  and  seventy-eight 

4  years.  ^        ^j J  of  those  thereafter  elected  shall  be  for 

four  years,  according  to  the  provisions  of  this  Constitution. 

Sec.  6.  At  the  general  election  in  the  year  one  thousand 

ijintriiniit.ooi-   tight  hundred   and  seventy-four,  a  Lieu- 

ernor  in  1S74.  tenant-Governor  shall  be  elected  according 

to  the  provisions  of  this  Constitution. 

8ec.  7.  The  Secretary  of  Internal  Affairs  shall  be  elected 

i:h'rtioiiofSccre.  at  the  first  general  election  after  the  adop- 

AffCiirf    ^'"''''""^  *tion  of  this  Constitution  ;  and,  when  the 

Office, tfstu-vn/or.  ^^^^  officcr  shall  be  duly  elected  and  quali- 

Orncrai  fiOoiis'/ied.   fied,  the  ofiice  of   Surveyor-General  shall 

be  abolished. 

The  Surveyor-General  in  office  at  the  time  of  the  adoption 
of  this  Constitution  shall  continue  in  office  until  the  expira- 
tion of  the  term  for  which  he  Avas  elected. 

Sec.  8.  When  the  Superintendent  of  Public  Instruction 
Siiporhitetuiextof  shall  be  duly  qualified,  the  office  of  Super- 
Puhiicinxtruction.   intendeut  of  Common  Schools  shall  cease. 
Sec.  9.  Nothing  contained  in  this  Constitution  sliall  be 
rrcsi-nt  State  of-  coustrued  to  render  any  person  now  holding 
ficem  re.eiiyihie.       a,iy  State  officc  for  a  "first  official  term  in- 
eligible for  re-election  at  the  end  of  such  term. 

Sec.  10.  The  judges  of  the  Supreme  Court  in  office  wlien 

.r,f,h,rs  sapreme   this   Constitution   shall   take   effect,  shall 

coartto  rvinaiii  ill   coiitiuue  uutil  their  commissious  severally 

vlfire. 

"  ex  J)!  re. 

Ta'o  to  he  elected       Two  judgcs  in  addition  to  the  number 
in  1S74.  nQ^Y   composing   the   said   court   shall   be 

elected  at  the  first  general  election  after  the  adoption  of  this 
Constitution. 

Sec.  11.  All  courts  of  record  and  all  existing  courts  which 
,,      ,  ,        ,.         are  not  specified  in  this  Constitution,  shall 

<  onrtsturfiutinite.  .  ^.  .  -i      i        /•  i  i* 

until  Jjcccniber  1,   contuiue  HI  existcuce  uutil  the  first  day  of 
■""■'■  Decendoer,  in  the  year  one  tliousand  eight 

liundred  and  seventy-five,  without  abridgment  of  their  pres- 
ent jurisdiction,  but  no  longer. 

The  (/ourt  of  First  Criminal  Jurisdiction  for  the  counties 
of  Srhuylkill,  Lebanon  and    Daui)hin,  is  hereby  abolished, 

50 


THE  CONSTITUTION  OF  PENNSYLVANIA.       181 

and  all  causes  and  proceedings  pending  therein  in  the  Cv/uuty 
of  Scluiylkill  shall  be  tried  and  dis})Osed  rpf^^  criminal 
of  in  the  Courts  of  Oyer  and  Terminer  and    Court    of  schuiji- 

Q,       o        •  I'^i      T>  X'      ■  1  i„      Tiill  abolished. 

uarter  oessious  oi  the  r  eace  ot  said  county. 

Sec.  12.  The  Registers'  Courts  now  in  existence  shall  be 
abolished  on  the  first  of  January  next  jirgistevs'  coarts 
succeeding  the  adoption  of  this  Constitu-  nhoilsiud  junuanj 
tion. 

Sec.  13.  The  General  Assembly  shall,  at  the  next  session 
after  the  adoption  of  this  Constitution,  des-  T>(>si<jnation  «/ 
ignate  the  several  judicial  districts  as  re-  \,l]\)',e'n<;xtl'iyis- 
quired  by  this  Constitution.  lata  re. 

The  judges  in  commission  when  such  designation  shall  be 
made  shall  continue  during  their  unexpired  ,r„fif,es  in  com. 
terms  judges  of  the  new  districts  in  which  niisxion  to  con- 
they  reside;  but  when  there  shall  be  two  **'""'• 
judges  residing  in  the  same  district,  the  President  Judge 
shall  elect  to  which  district  he  shall  be  assigned,  and  the  ad- 
ditional law  judge  shall  be  assigned  to  the  other  district. 

Sec.  14.  The  General  Assembly  shall,  at  the  next  succeed- 
ing session  after  each  decennial  census  and  ^ffr,-  each  census 
not  oftener,  designate  the  several  judicial  di-itrirts  to  be  des. 
districts,  as  required  by  this  Constitution.      *^"^" 

Sec.  15.  Judges  learned  in  the  law  of  any  court  of  record, 
holding  commissions  in  force  at  the  adop-       rm       ■    i 

^     1  •      /I  •        ■  1     Ti    1     1  T      1     •  ^'^    J'idges     to 

tion  01  this  Constitution,  shall  hold  their   continue    in  office 
respective  offices  until    the    expiration  of   **"  """^  "^^  *"'"'■ 
the  terms  for  which  they  were  commissioned,  and  until  their 
successors  shall  be  duly  qualified. 

The  Governor  shall  commission  the  President  Judge  of 
the  Court  of  First  Criminal  Jurisdiction  ,rudge  of  Crimi- 
for  the  counties  of  Schuylkill,  Lebanon  »',"'  court  of 
and  Dauphin  as  a  judge  of  the  Court  of  '^  *"^ 
Common  Pleas  of  Schuylkill  county,  for  the  unexpired  term 
of  his  office. 

Sec.  16.  After  the  expiration  of  the  term  of  any  Presi- 
dent Judge  of  any  Court  of  Common  Pleas,  j,/,g  President 
in  commission  at  the  adoption  of  this  Con-  Jndrje  and  how 
stitu tion,  the  judge  of  such  court  learned 
in  the  law  and  oldest  in  commission  shall  be  the  President 
Judge  thereof;  and  when  two  or  more  judges  are  elected  at 
the  same  time  in  anj  judicial  district,  they  shall  decide  by 
16  51 


182       THE  CONSTITUTION  OF  PENNSYLVANIA. 

lot  which  shall  be  President  Judge ;  hut  when  the  President 
Judjro  of  a  court  shall  he  re-elected  he  shall  continue  to  be 
President  Judge  of  that  court. 

Associate  judges  not  learned  in  the  law,  elected  after  the 

Associate  .Twiges'  adoption  of  this  Constitution,  shall  be  coni- 
*«■»•'"  '"  hcyin.  niissioned  to  hold  their  oflices  for  the  term 

of  five  years  from  the  first  day  of  January  next  after  their 
election. 

Sec.  17.  The  General  Assembly,  at  the  first  session  after 

j^pnisUtture  to  fix  ^^^^  adoption  of  this  Constitution,  shall  fix 
sfihi'ih-s  of  the  and  determine  the  compensation  of  the 
*'"'  '''^*'  juflg^s  of  the  Supreme  Court  and  of  the 

judges  of  the  several  judicial  districts  of  the  Commonwealth ; 
and  the  provisions  of  the  thirteenth  section  of  the  article  on 
Legislation  shall  not  be  deemed  inconsistent  herewith. 

I'veseut  salaries  Nothing  Contained  in  this  Constitution 
not  reduced.  shall  be  held  to  reduce  the  compensation 

now  paid  to  any  law  judge  of  this  Connnonwealth  now  in 
commission. 

Sec.  18.  The  Courts  of  Common  Pleas  in  the  counties  of 

Courts  of  riiiia.  Pliihulelphia  and  Allegheny,  shall  be  com- 
dviiihia  and  Aiie.   posed  of  the  present  )ud2;es  of  the  District 

ghenij  Counties.  j,  ,    ,,         .      v  /^  T)l  r        ■  l 

Court  and  Court  or  Common  1  leas  ot  said 
counties  until  their  offices  shall  severally  end,  and  of  such 
other  judges  as  may  from  time  to  time  be  selected. 

For  the  purpose  of  first  organization  in  Philadelphia,  the 
Orf/nnizntion  in    judgcs    of  the    court   number   one,    shall 
I'hiiadcip/ua.  jjg  Judges   Allison,   Pierce   and  Paxson ; 

of  the  court  number  two,  Judges  Hare,  Mitchell  and  one 
other  judge  to  be  elected  ;  of  the  court  number  three.  Judges 
Ludlow,  Fiidetter  and  Lynd;  and  of  the  court  number  four, 
Judges  Thayer,  Briggs  and  one  other  judge  to  be  elected. 
,.      . .       ^  The  iudpe  first  named  shall  be  the  Presi- 

I'resident  tfudiics.        i       ,    t      i  i-        •  i  ,  •       i  i 

dent  Judge  ot  said  courts  respectively,  and 
thereafter  the  President  Judge  shall  be  the  judge  oldest  in 
commission  ;  but  any  President  Judge  re-elected  in  the  same 
court  or  district  shall  continue  to  be  President  Judge  there- 
of. The  additional  judges  for  courts  numbers  two  and  four, 
icirction  1,1/ limit'  sluill  bc  votcd  for  aiul  elected  at  the  first 
edvoteiniH74.  general  election  after  the  adoption  of  this 
Constitution,  in  the  same  manner  as  the  two  ad<litionai 
Judges  of  the  Supreme  Court,  and  they  shall  decide  by  lot 

52 


THE  CONSTITUTION  OF  PENNSYLVANIA.       183 

to  wliicli  court  they  shall  belong.  Their  term  of  office  shall 
commence  on  the  first  Monday  of  January,  Term  to  com- 
in  the  year  one  thousand  eight  hundred  ''"^'i'S''  '^""-  ^> 
and  seventy-five. 

Sec.  19.  In  the  county  of  Allegheny,  for  the  purjDose  of 
first  organization  under  this  Constitution,  Orffanizatiou  in 
the  judges  of  the  Court  of  Common  Pleas,  -^ii^'jheuy  Co>u,t,j. 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  the 
judges  of  the  court  number  one,  and  the  judges  of  the  Dis- 
trict Court,  at  the  same  date,  shall  be  the  judges  of  the 
Common  Pleas  number  two. 

The  President  Judges  of  the  Common  Pleas  and  District 
Court  shall  be  President  Judge   of  said 

1  1   ,  ,•      I       President  Judges. 

courts  numbers  one  and  two,  resjiectively, 
until  their  offices  shall  end  ;  and  thereafter  the  judge  oldest 
in  commission  shall  be  President  Judge ;  but  any  President 
Judge  re-elected  in  the  same  court  or  district  shall  continue 
to  be  President  Judge  thereof. 

Sec.  20.  The  organization  of  the  Courts  of  Common  Pleas 
under  this  Constitution  for  the  counties  of       ^      ,   , 

T->i  -1     1    1     I  •  1       A  11       1  111  1  Courts  to  organ- 

Philadelphia   and    Allegheny   shall    take   i^vj>n  junuarg  i, 
efiect  on  the  first  Monday  of  January,  oue   ^^'^• 
thousand  eight  hundred  and  seventy-five,  and  existing  courts 
in  said  counties  shall  continue  with  their      ^y^^         existing 
present  powers  and  jurisdiction  until  that   courts  to  continue, 
date,  but  no  new  suits  shall  be  instituted      .  . 
in  the  courts  of  Nisi  Prius  after  the  adop- 
tion of  this  Constitution. 

Sec.  21.  The  causes  and  proceedings  pending  in  the  Court 
of  Nisi  Prius,  Court  of  Common  Pleas,  Tmnsfer  of  cases 
and  District  Court  in  Philadelphia  shall    /'•"'".         ^^'**';'>* 

,  .     ,  IT  1        f>   •  1        /-(  /.     Court      rmil      Nist 

be  tried  and  disposed  ol  in  the  Court  oi  J'rius  to  Common 
Common  Pleas.  Pieas. 

The  records  and  dockets  of  said  courts  shall  be  transferred 
to  the  Prothonotary's  office  of  said  county. 

Sec.  22.  The  causes  and  proceedings  pending  in  the  Court 
of  Common  Pleas  in  the  county  of  Alle-  cnses in  common 
gheny  shall  be  tried  and  disposed  of  in  the  c!^^'^rldeifhe-!'i 
court  number  one ;  and  the  causes  and  ussigned. 
proceedings  pending  in  the  District  Court  shall  be  tried  and 
disposed  of  in  the  court  number  two. 

Sec.  2o.  The  Prothonotary  of  the  Court  of  Common  Pleas 

53  5* 


]S1       THE  CONSTITUTION  OF  PENNSYLVANrA. 
i'r,.th„„oun-v  i'l  of  Philadclpliia  sliall  be  first  appointed  by 

J'l,il<nli  l/tliia  to  he  .  i  ,      'n  ^  r      "^ 

„ii,">'iifr<i  Dec.  1st,  the  judgcs  ot  saul  court  on  tlie  nr.st  Mon- 
-'■'""'•  day  of  December,  in  the  year  one  thou- 

sand  eight  hundred  and  seventy-five,  and  the  present  Pro- 

ThrProthoiiotarij  tlionotary  of  the  District  Court  in  said 
district  co,at.  county  shall  be  the  Prothonotary  of  the 

said  Court  of  Common  Pleas  until  said  date  when  his  com- 

ri>i-J:  of  oi/cr  Hiission  shall  expire,  and  the  present  clerk ^ 
auii  Trituhnr  inid  of  the  Court  of  Ovcr  and  Tenniner  and 
g,.„rtcr  sessions.  Q^j^j^.^g^.  Sessious  of  the  Peacc  in  Phila- 
delphia shall  be  the  clerk  of  such  court  until  the  expiration 
of  his  present  commission  on  the  first  Monday  of  December, 
in  the  year  one  thousand  eight  hundred  and  seventy-five. 

Sec.  24.  In   cities  containing  over  fifty  thousand  inhabi- 
Ahieimen  elected  tants,  exccpt   Phihuhjlpliia,  all    aldermen 
ill.  I'eb.,  1S73.  in  otfice  at  the  time  of  the  adoption  of  this 

Constitution  shall  continue  in  office  until  the  expiration  of 
their  commissions ;  and  at  the  election  for  city  and  ward 
officers  in  the  year  one  thousand  eight  hundred  and  seventy- 
five,  one  alderman  shall  be  elected  in  each  ward  as  provided 
in  this  Constitution, 

Sec.  25.  In  Philadelphia  magistrates,  in  lieu  of  aldermen, 
viiiiadejphia       sh'ill  be  chosen,  as  required  in  this  Consti- 
iti'f^n  si  rates      in     lutiou,  at  the  election  in  said  city  for  city 
and  ward  officers  in  the  year  one  thousand 
eight  hundred  and  seventy-five ;  their  term  of  office  shall  com- 
mence on  the  first  Monday  of  April  succeeding  their  election. 

The  terras  of  office  of  aldermen  in  said  city  holding,  or  en- 
Aidermenofi'hii-  titled  to,  commissious  at  the  time  of  the 
tuieipiiia.  adoption  of  this  Constitution  shall  not  be 

afi'ected  thereby. 

Sec.  26.  All  persons  in  office  in  this  Commonwealth  at  the 

offirers  to  hold  to  time  of  the  axloption  of  this  Constitution,  and 
eud  of  their  tern,,  .^t  thc  first  elcctiou  uudei"  it,  shall  hold  their 
respective  offices  until  the  term  for  which  they  have  been 
elei'ted  or  appointed  shall  expire,  and  until  their  successors 
shall  be  duly  (puilified,  unless  otherwise  providetl  in  this 
Constitution. 

Sec.  27.  The  seventh  article  of  this  Constitution  prescrib- 

oiitJi  to  he  fahen  ing  ivu  oatli  of  ofiicc  shall  take  cfi'ect  on 
''""■  '"'•  "^'^■''-  and  after  the  first  day  of  Januar}',  one 
thousand  eight  hundred  and  seventy-five. 

64 


THE  CONSTITUTION  OF  PENNSYLVANIA.       185 

Sec.  28.  The  terms  of  office  of  County  Commissioners  and 
County  Auditors,  chosen  prior  to  the  year  t/ic  County  Com. 
one  thousand  eight  hundred  and  seventy-  ^!ll^,TiiorJ>''''trrm''u> 
five,  wliich  shall  not  have  expired  before  endjiiu.ifit,is70. 
the  first  Monday  of  January  in  the  year  one  thousand  eight 
hundred  and  seventy-six,  shall  expire  on  that  day. 

Sec.  29.  All  State,  county,  city,  ward,  borough  and  town- 
ship officers  in  office  at  the  time  of  the  coiuprusation  of 
adoption  of  this  Constitution,  whose  com-  office,:stoco„tu,,ie. 
pensation  is  not  provided  for  by  salaries  alone,  shall  continue 
to  receive  the  compensation  allowed  them  by  law  until  the 
expiration  of  their  respective  terms  of  office. 

Sec.  30.  All  State  and  judicial  officers  heretofore  elected, 
sworn,  affirmed,  or  in  office  when  this  Con-  what  officers  are 
stitution  shall  take  effect,  shall  severally,  to  take  oath  in 
within  one  month  after  such  adoption,  *'"''''^  ''"^*- 
take  'and  subscribe  an  oath  or  affirmation  to  support  this 
Constitution. 

Sec.  31.  The  General  Assembly  at  its  first  session,  or  as 
soon  as  may  be,  after  the  adoption  of  this      j^^  rcaisia. 

Constitution,  shall  2^ass  such  laws  as  may  tui<.   Laws  to  be 
be  necessary  to  carry  the  same  into  full  i"'**"^- 
force  and  elfect. 

Sec.  32.  The  ordinance  passed  by  this  Convention  entitled 
"  An  Ordinance  for  submitting  the  amended 
Constitution  of  Pennsylvania  to  a  vote  of 
the  electors  thereof"  shall  bo  held  to  be  valid  for  all  the 
purposes  thereof 

Sec.  33.  The  words  "  County  Commissioners,"  wherever 
used  in  this  Constitution  and  in  any  ordi-      county  Commis. 
nance    accompanying    the    same,  shall  be  sioners. 
held  to  include  the  Commissioners  for  the  city  of  Philadelphia, 

Adopted  at  Philadelphia,  on  the  third  day  of  November, 
in  the  year  of  our  Lord  one  thousand^  eight  hundred  and 
seventy-three. 

JOHN  H.  WALKER, 

Attest :  President. 

D,  L.  Imbrie, 

Chief  Clerk. 
16*  55 


18G       THE  CONSTITUTION  OF  PENNSYLVANIA. 


George  A.  Aeheubacli. 
John  E.  Addicks. 
William  H.  Aiiiey, 
Hamilton  Alricks. 
G.  W.  Andrews. 
William  II.  Armstrong. 
William  J.  Baer. 
Joseph  Baily. 
John  M.  Bailey. 
William  D.  Baker. 
Thomas  R.  Baunan. 
George  G.  Barclay. 
John  Bardsley. 
James  P.  Barr. 
Linn  Bartholomew. 
M.  C.  Beebe. 
George  W.  Biddle. 
William  Bigler. 
C.  A.  Black. 
Charles  0.  Bowman, 
Charles  Brodhead. 
J.  M.  Broomall. 
I\.  Brown. 
C.  K.  Buckalew. 
John  C.  Bullitt. 
Samuel  Calvin. 
John  11.  Campbell. 
Henry  C.  Carey. 
Henry  Carter. 
Lewis  C.  Cassidy. 
Pearson  Church. 
Silas  M.  Clark. 
Thomas  E.  Cochran. 
John  Collins. 
NN'iJliam  L.  Corbett. 


George  N.  Corson. 
David  Craig. 
John  P.  Cronmiller. 
James  W.  Curry. 
Andrew  G.  Cur  tin. 
Theodore  Cuyler. 
George  M.  Dallas. 
William  Darlington. 
William  Davis. 
R.  M.  Do  France. 
S.  C.  T.  Dodd. 
A.  B.  Dunning. 
Matthew  Edwards. 
M.  F.  Elliott. 
James  Ellis. 
Thomas  Ewing. 
J.  Gillingham  Fell. 
A.  C.  Finney. 
A.  M.  Fulton. 
Josiah  Funck. 
John  Gibson. 
John  Gilpin. 
H.  Green. 
J.  B.  Guthrie. 
John  G.  Hall. 
William  B.  Hanna. 
Edward  Harvey. 
Malcolm  Hay. 
T.  II.  Hazzard. 
Joseph  Hemphill. 
James  H.  Heverin. 
George  F.  Plorton. 
Thomas  Howard, 
diaries  Hunsicker. 
I).  Kaiuc. 


5f) 


THE  CONSTITUTION  OF  PENNSYLVANIA. 


187 


E.  C.  Knight. 
R.  A.  Laiuberton. 
Aug.  S,  Laiidis. 
George  V.  Lawrence. 
AVilliam  Lilly. 
W.  E.  Littleton. 
Zacb.  H,  Long. 
Thomas  MacConnell. 
Wayne  MacVeagh. 
Joel  B.  M'Camant. 
William  M'Clean. 
John  M'Culloch. 
Morton  M'Michael. 
John  M'Murray. 
John  S.  Mann. 
Frank  Mantor. 
John  G.  Metzger. 
Samuel  Minor. 
L.  Z.  Mitchell. 
Henry  S.  Mott. 
James  W.  M.  Newlin. 
Jerome  B.  Niles. 
G.  W.  Palmer. 
Henry  W.  Palmer. 
H.  C.  Parsons. 
D.  W.  Patterson. 
T.  H.  Baircl  Patterson. 
Joseph  G.  Patton. 
David  S.  Porter. 
Lewis  Pughe. 


Andrew  A.  Purman. 
John  N.  Purviance. 
Samuel  A.  Purviance. 
John  R.  Read. 
Andrew  Reed. 
Levi  Rooke. 
George  Ross. 
C.  M.  Runk. 
Samuel  L.  Russell. 
J.  M'Dowell  Sharpe. 
J.  Alex.  Simpson. 
H.  G.  Smith. 
H.  W.  Smith. 
W.  H.  Smith. 
M.  Hall  Stanton. 
John  Stewart. 
Thomas  Struthers. 
Benjamin  L.  Temple. 
William  J.  Turrell. 
Henry  Van  Reed. 
J.  M.  Wetherill. 
J.  Price  Wetherill. 
Samuel  M.  AVherry. 
David  N.  White. 
Harry  White. 
J.  W.  F.  White. 
George  W.  Woodward. 
Edward  R.  Worrell. 
Caleb  E.  Wright. 


57 


AN  OEDINANCE 

FOR  SUBMITTING  THE  AMENDED  CONSTITUTION  OF  PENN- 
SYLVANIA TO  A  VOTE  OF  THE  QUALIFIED  ELECTORS 
THEREOF. 

Be  it  ordained  by  the  Constitidional  Convention  of  the  Com- 
vio)iivealth  of  Pennsylvania,  as  follows : 

1.  That  the  anieiided  Constitution  prepared  hy  this  Con- 
vention be  submitted  to  the  qualified  electors  of  the  Coni- 
raouwealth  for  their  adoption  or  rejection,  at  an  election  to 
be  held  on  the  third  Tuesday  of  December  next;  except  as 
hereinafter  ordered  and  directed,  the  said  election  shall  be 
held  and  conducted  by  the  regular  election  officers  in  the 
several  election  districts  throughout  the  Commonwealth, 
under  all  the  regulations  and  provisions  of  existing  laws  re- 
lating to  general  elections ;  and  the  sherifis  of  the  several 
counties  shall  give  at  least  twenty  days'  notice  of  said  elec- 
tion by  proclamation. 

2.  The  Secretary  of  the  Commonwealth  shall,  at  least 
twenty  days  before  the  said  election,  furnish  to  the  Commis- 
sioners of  each  county  a  sufiicient  number  of  properly  pre- 
pared circulars  of  instructions.  The  Commissioners  of  the 
several  counties  shall  cause  to  be  printed  at  least  three  times 
as  many  ballots  of  affirmative  votes  as  there  are  voters  iu 
each  county  —  and  the  same  number  of  negative  votes;  and 
the  said  Commissioners  shall,  at  least  five  days  before  said 
election,  cause  to  be  fairly  distributed  to  the  several  election 
districts  in  their  respective  counties,  the  said  ballots,  tally- 
lists,  returns,  circulars  of  instructions,  and  such  other  books 
and  papers  as  may  be  necessary.  The  ballots  shall  be 
printed  (jr  written  in  the  following  form :  On  the  outside 
the  words  "  New  Constitution  ;  "  in  the  inside  for  all  persons 
giving  affirmative  votes  the  words  "  For  the  New  Constitu- 
tion," and  for  all  persons  giving  negative  votes  the  words 
"Against  the  New  Constitution." 

58  188 


THE  CONSTITUTION  OF  rENNSYirANIA.      189 

o.  If  it  shall  appear  that  a  majority  of  the  votes  polled 
are  for  the  new  Constitution,  then  it  shall  be  the  Constitu- 
tion of  the  Commonwealth  of  Pennsylvania  on  and  after 
the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  seventy-tour ;  but  if  it  shall  appear 
that  a  majority  of  the  votes  polled  were  against  the  new 
Constitution,  then  it  shall  be  rejected  and  be  null  and  void. 

4.  Five  Commissioners  of  Election,  viz. :  Edwin  H.  Fit- 
ler,  Edward  Browning,  John  P.  Verree,  Henry  B.  Hagert, 
and  John  O.  James,  are  hereby  appointed  by  this  Conven- 
tion, who  shall  have  direction  of  the  election  upon  this 
amended  Constitution  in  the  city  of  Pliiladelphia.  The  said 
Commissioners  shall  be  duly  sworn  or  affirmed  to  perform 
their  duties  with  impartiality  and  fidelity.  They  shall  also 
have  power  to  fill  vacancies  in  their  own  number.  It  shall 
be  the  duty  of  said  Commissioners,  or  a  majority  of  them, 
and  they  shall  have  authority  to  make  a  registration  of 
voters  for  the  several  election  divisions  of  said  city,  and  to 
furnish  the  lists  so  made  to  the  election  officers  of  each  pre- 
cinct or  division  ;  to  distribute  the  tickets  for  said  city  pro- 
vided for  by  this  ordinance  to  be  used  at  the  election;  to  ap- 
point a  judge  and  two  inspectors  for  each  election  division, 
by  whom  the  election  therein  shall  be  held  and  conducted, 
and  to  give  all  necessary  instructions  to  the  election  officers 
regarding  their  duties  in  holding  the  election  and  in  making 
returns  thereof.  No  person  shall  serve  as  an  election  officer 
Avho  would  be  disqualified  under  Section  15,  Article  8,  of  the 
new  Constitution.  The  general  return  of  the  election  in  the 
said  city  shall  be  opened,  computed  and  certified  befoi'e  the 
said  Commissioners,  and  with  their  approval  —  which  ap- 
proval shall  be  endorsed  upon  the  return.  They  shall  make 
report,  directed  to  the  President  of  this  Convention,  of  their 
official  action  under  this  ordinance  and  concerning  the  con- 
duct of  the  said  election  within  the  said  city. 

The  judges  and  inspectors  aforesaid  shall  conduct  the 
election  in  all  respects  conformably  to  the  general  election 
laws  of  this  Commonwealth,  and  with  like  powers  and  duties 
to  those  of  ordinary  election  officers.  Each  inspector  shall 
appoint  one  clerk  to  assist  the  Board  in  the  performance  of 
its  duties,  and  all  the  election  officers  shall  be  duly  sworn  or 
affirmed  according  to  law,  and  shall  possess  all  the  qualifica- 
tions required  by  law  of  election  officers  in  this  Commou- 

59 


100       THE  CONSTITUTION  OF  PENNSYLVANTA. 

Avesilth.  At  said  election  any  duly  qualified  elector  who 
shall  be  unregistered,  shall  be  permitted  to  vote  upon  mak- 
ing proof  of  his  right  to  the  election  officers,  according  to 
the  general  election  laws  of  this  Commonwealth.  Return 
inspectors  and  their  clerks  and  an  hourly  count  of  the  votes 
shall  be  dispensed  with,  but  overseers  of  election  may  be 
selected  for  any  precinct  by  said  Election  Commissioners, 
whose  duties  and  powers  shall  be  the  same  as  those  of  over- 
seers of  election  in  said  city  under  existing  election  laws  ap- 
plicable thereto.  Returns  of  the  election  shall  be  made  in 
said  city  as  in  the  case  of  an  election  for  Governor,  but  a 
triplicate  general  return  for  said  city  shall  be  made  out  and 
forwarded  to  the  President  of  this  Convention  at  Harrisburg, 
as  is  hereafter  provided  in  case  of  county  returns. 

5.  In  each  of  the  counties  of  the  Commonwealth  (ex- 
cept Philadelphia),  the  returns  of  the  election  shall  be  made 
as  in  the  case  of  an  election  for  Governor,  but  the  return 
judges  in  each  county  shall  make  out  a  triplicate  county 
return,  and  transmit  the  same  within  five  days  after  the 
election,  directed  to  the  President  of  this  Convention  at 
Harrisburg. 

Done  in  Convention  this  third  day  of  November,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  seventy- 
three. 

JOHN  H.  WALKER, 

President. 

Attest:  D.  L.  Imbrte, 

Chief  Clerk. 

GO 


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